Department of Public Health, Division of Risk Management v. Wilcox
Florida Supreme Court
543 So. 2d 1253 (1989)
- Written by Abby Roughton, JD
Facts
Muriel Wilcox (plaintiff) brought a workers’-compensation action against her employer, the State of Florida Department of Public Health, Division of Risk Management (state) (defendant). Wilcox was awarded temporary and permanent total-disability benefits, plus costs, interests, and medical expenses. The state later learned that Wilcox was also receiving federal Social Security benefits and reduced Wilcox’s workers’-compensation award under § 440.15(9) of the Florida Statutes, which required weekly workers’-compensation benefits to be reduced if the employee’s total amount received from workers’-compensation and Social Security benefits exceeded 80 percent of the employee’s average weekly wages. Wilcox asserted that the state could not unilaterally reduce her benefits because a reduction in benefits under § 440.15(9) had to be authorized by the deputy commissioner. The lower court agreed with Wilcox and held that only the deputy commissioner could reduce the workers’-compensation award. The state appealed to the Florida Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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