Constanzer v. Sta Rite, 432 So. 2d 775 (Fla. 1st DCA 1983). · Go Syfert
Constanzer v. Sta Rite, 432 So. 2d 775 (Fla. 1st DCA 1983). Cases Citing This Book View Copy Cite
6 citation events across 1 distinct court.
Strongest positive: Pardo v. Sun Supermarket (fladistctapp, 1987-08-18)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Pardo v. Sun Supermarket
Fla. Dist. Ct. App. · 1987 · confidence medium
We reverse, finding no “evidence that claimant voluntarily accepted continued payment of [fringe benefits] with full knowledge that such acceptance would reduce [her] otherwise available cash benefits”, Constanzer v. Sta Rite, 432 So.2d 775, 776 (Fla. 1st DCA 1983), and finding further that the deputy commissioner did not determine whether there was a reasonable basis for an overpayment based on an incorrect average weekly wage.
cited Cited "see" Reynolds v. Neisner Bros., Inc.
Fla. Dist. Ct. App. · 1983 · signal: see · confidence high
See Constanzer v. Sta Rite and Travelers Insurance Company, 432 So.2d 775 (Fla. 1st DCA 1983).
Retrieving the full opinion text from the archive…
Linda C. CONSTANZER, Appellant,
v.
STA RITE and the Travelers Insurance Co., Appellees.
AO-22.
District Court of Appeal of Florida, First District.
Jun 10, 1983.
432 So. 2d 775
Per Curiam.
Cited by 4 opinions  |  Published

[*776] Alex Lancaster, Sarasota, for appellant.

John J. O'Riorden, of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, P.A., Sarasota, for appellees.

PER CURIAM.

In this worker's compensation case, the deputy commissioner included in claimant's average weekly wage the value of group insurance premiums and other fringe benefits paid by the employer on behalf of claimant, but allowed the employer/carrier a credit for the amount of group insurance premiums paid subsequent to claimant's compensable accident, thereby reducing the cash compensation benefits otherwise due claimant. We affirm the deputy's finding that the value of group insurance premiums should be included in calculating claimant's average weekly wage; however, we reverse the allowance of a credit to the employer/carrier because there is no evidence that claimant voluntarily accepted continued payment of group insurance premiums with full knowledge that such acceptance would reduce his otherwise available cash benefits. Compare Daoud v. Matz, 73 So.2d 51 (Fla. 1954); Rucks Bros. Dairy v. Howard, 410 So.2d 1353 (Fla. 1st DCA 1982); Reese v. Sewell Hardware Co., 407 So.2d 965 (Fla. 1st DCA 1981); St. Vincent DePaul Society and Insurance Co. of North America v. William J. Smith and The Division of Worker's Compensation, 8 FLW 1318 (Fla. 1st DCA, May 9, 1983). We remand for entry of an appropriate order consistent herewith.

ROBERT P. SMITH, Jr., C.J., and WENTWORTH and ZEHMER, JJ., concur.