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QUAIL RIDGE v. JOHNSON

No. 90-2598.

584 So.2d 199 (1991)

QUAIL RIDGE and Aetna Casualty and Surety Co., Appellants, v. Phillip JOHNSON, Appellee.

District Court of Appeal of Florida, First District.

August 15, 1991.

Attorney(s) appearing for the Case

Janis Brustares Keyser, Reid, Ricca & Rigell, P.A., West Palm Beach, for appellants.

Melanie G. May, Bunnell & Woulfe, P.A., Fort Lauderdale, for appellee.

JOANOS, Chief Judge.

The employer and carrier in this workers' compensation case appeal an order of the judge of compensation claims denying unilateral application of a social security disability setoff. Employer and carrier contend the setoff provision of section 440.15(9), Florida Statutes, is mandatory and self-executing, and authorizes employer/carrier to take a unilateral setoff for social security benefits. We agree, and reverse the order enforcing the full...

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