Raymond James & Associates v. Smith, 860 So.2d 1081 (Fla. 1st DCA 2005)

Outcome: Affirmed

Description: The workers compensation carrier had begun reducing my clients workers' compensation benefits because of her receipt of social security income while she was still receiving temporary total disability benefits. When she was adjudicated permanently and totally disabled, the carrier recalculated their offset again, reducing my clients checks further. I filed suit to stop the further reduction in my client's benefits and the trial judge agreed with my position, that the offset for receipt of social security benefits can be calculated only once. The employer appealed and lost on appeal. My client recouped her past due benefits and the carrier had to stop taking the increased offset.