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EABY v. VOLUSIA COUNTY FIRE SERVICES

No. 1D99-2347.

752 So.2d 119 (2000)

Alan EABY, Appellant, v. VOLUSIA COUNTY FIRE SERVICES and County of Volusia, Appellees.

District Court of Appeal of Florida, First District.

March 6, 2000.

Attorney(s) appearing for the Case

Geoffrey Bichler, Winter Park, for Appellant.

C. Anthony Schoder, Jr., of Smith, Schoder & Roddenberry, P.A., Daytona Beach, for Appellees.

PER CURIAM.

In this workers' compensation case, the claimant appeals an order of the judge of compensation claims (JCC) allowing the employer and carrier (E/C) to include cost-of-living increases to the claimant's in-line-of-duty state disability retirement benefits in the calculation of the workers' compensation offset. Based on recent decisions of this court and the Florida Supreme Court, we reverse and remand with directions to exclude cost-of-living increases...

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