"Grice" offset applies to Social Security Disability Benefits Received by Claimant's Children
In Escambia Co. Sheriff's Dept. v. Grice, the Florida Supreme Court held that the three-way combination of an injured worker's permanent total disability benefits, social security disability benefits, and in-line-of-duty disability benefits [see s.121.091(4)] may not exceed 100% of the worker's average weekly wage. To the extent that they do, workers' compensation benefits must be reduced. The policy underlying the decision was to prevent the injured worker from collecting more in disability benefits than he did in wages while working.
Just exactly what benefits get thrown in to the "Grice" calculation, however, has been the subject of extensive litigation since the decision was rendered in 1997. Social security retirement benefits are not. See Dixon v. Pasadena Yacht & Country Club, 731 So.2d 141 (Fla. 1st DCA 1999). Neither is the health insurance subsidy received by workers entitled to in-line-of-duty disability benefits. See State v. Herny, 781 So.2d 1067 (Fla. 2001).
But in State of Florida Marine Patrol v. Clifton, decided on 7/6/2007, the First District reversed the order of the JCC and held that Social Security disability benefits which are received by the claimant's dependents are included in the offset calculations. The Court noted that unlike the benefits at issue in Dixon and Herny, the benefits payable to the claimant's children in this case were payable solely because of the claimant's disability.
