SEIBELS BRUCE v. ELKINS

No. 95-256.

661 So.2d 404 (1995)

SEIBELS BRUCE c/o Gay & Taylor and Spartan Food Systems, Appellants, v. Ethel ELKINS, Appellee.

District Court of Appeal of Florida, First District.

October 18, 1995.


Attorney(s) appearing for the Case

John E. White of Hurley & Rogner, P.A., Orlando, for appellants.

William W. Massey, III, P.A., Jacksonville, for appellee.


KAHN, Judge.

Appellants challenge an order of the Judge of Compensation Claims (JCC) which holds that the employer/carrier (E/C) may not take an offset pursuant to section 440.15(9)(a), Florida Statutes, for social security disabled widow benefits under 42 U.S.C. section 402(e). We look to the plain language of the statute and affirm.

Section 440.15(9)(a) provides, in part:

(9) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER AND FEDERAL OLD-AGE...

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