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ACKER v. CITY OF CLEARWATER

No. 97-2719.

755 So.2d 651 (1998)

Judith ACKER, Appellant, v. CITY OF CLEARWATER, and City of Clearwater Risk Management, Appellees.

District Court of Appeal of Florida, First District.

August 17, 1998.

Attorney(s) appearing for the Case

William H. Yanger, Jr., and Christopher J. Smith of Yanger & Yanger, P.A., Tampa, for Appellant.

Nancy A. Lauten and Mark E. Hungate of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellees.

Katrina D. Callaway and Edward A. Dion, General Counsel, Department of Labor & Employment Security, Tallahassee, for Amicus Curiae.

BOOTH, Judge.

This appeal arises from an order of the Judge of Compensation Claims (hereinafter JCC) determining that yearly increases in permanent total disability supplemental benefits should be included in the calculation of the disability pension offset. We reverse, but certify a question to the supreme court.

In 1986, Appellant was injured in the course and scope of her employment. In 1994, she was determined to be permanently and totally disabled. The...

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