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ROWE v. CITY OF CLEARWATER

No. 97-4270.

755 So.2d 137 (1998)

Terrence ROWE, Appellant, v. CITY OF CLEARWATER and City of Clearwater Risk Management, Appellees.

District Court of Appeal of Florida, First District.

September 9, 1998.

Attorney(s) appearing for the Case

Christopher J. Smith and William H. Yanger, Jr., 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, Staff Attorney, and Edward A. Dion, General Counsel, Department of Labor & Employment Security, Tallahassee, for Amicus Curiae on behalf of Appellee.

PER CURIAM.

REVERSED. Acker v. City of Clearwater, 755 So.2d 651 (Fla. 1st DCA 1998). We certify the following question:

WHERE AN EMPLOYER TAKES A WORKERS' COMPENSATION OFFSET UNDER SECTION 440.20(15), FLORIDA STATUTES (1985), AND INITIALLY INCLUDES SUPPLEMENTAL BENEFITS PAID UNDER SECTION 440.15(1)(e)(1), FLORIDA STATUTES (1985), IS THE EMPLOYER ENTITLED TO RECALCULATE THE OFFSET BASED ON THE YEARLY 5% INCREASE...

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