Workers’ compensation — Temporary disability benefits — Personal leave benefits — Employer offset — Judge of compensation claims erred in denying claim for temporary disability compensation benefits based on the fact that claimant received full pay for the period at issue which was docked against claimant’s bank of personal sick or leave time — Section 440.09(1) requires that an employer must pay compensation or furnish benefits required if an employee suffers an accidental compensable injury and no evidence was introduced that employer “bought back” claimant’s sick leave or that the alternate benefits were employer provided — Court rejects argument that wages paid to claimant were in lieu of benefits — Payment of wages in lieu of compensation must be an act clearly understood between the employer and the employee, and the “in lieu of” act is not satisfied when an employer pays wages through a right that the claimant has to receive it which is not related to, or dependent in any way upon, the existence or non-existence of a workers’ compensation claim — Employer is not entitled to an offset where employer did not raise the offset defense, in the event compensation benefits were awarded, and no evidence was introduced that alternate benefits were of a qualifying nature — JCC lacked subject matter jurisdiction to order employer to reinstate claimant’s personal leave benefits
45 Fla. L. Weekly D1702a
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