Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
OConnor v. Hillsborough County Security SVCS
32 FLW D848
The employer/carrier must file a Notice of Action/Change form and actually take a social security offset in order to perfect entitlement to such an offset. Offsets cannot be taken for social security benefits paid prior to the perfection date of the offset. Employer/carrier argued in this case that the Social Security Administration had advised that they were taking the offset thereby precluding the employer/carrier from taking the offset. Based on this information, the employer/carrier did not take the offset when advised by the claimant that social security benefits were being received. Subsequent investigation revealed that the Social Security Administration was not taking an offset. The employer/carrier argued that because of this mistake, an offset should be allowed for benefits paid prior to the perfection date of the social security offset. Court however determined that there was no evidence of such reliance by the employer/carrier concerning inaccurate information. Rather, any such evidence to this effect came from a legal memorandum submitted by the parties. Arguments made in a legal memorandum are not evidence. The JCC erred in relying on allegations in the legal memorandum which had no support in the record. Findings of fact must be supported by competent and substantial evidence. Offset for social security benefits paid prior to the perfection date denied.
