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CITY OF MIAMI v. JONES

No. 90-3854.

593 So.2d 544 (1992)

CITY OF MIAMI, Appellant, v. Richard JONES, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 14, 1992.

Attorney(s) appearing for the Case

Jorge L. Fernandez, City Atty., Ramon Irizarri and Kathryn S. Pecko, Asst. City Attys., and Jay M. Levy, Miami, for appellant.

Mark L. Zientz of Williams & Zientz, Richard A. Sicking, Miami, for appellee.

SMITH, Judge.

The City appeals an order of the Judge of Compensation Claims (JCC) determining that it must reimburse claimant for offsets, in the amount of claimant's weekly compensation benefits, which were taken from claimant's monthly pension benefits for the period July 1, 1973 through August 1, 1989. The City contends that section 440.09(4), Florida Statutes, in effect at the time of claimant's accident, permitted the offsets. Although the statute was repealed...

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