Ace Disposal and Florida Air Condition Contractors v. Clarence Holley

On April 18, 1992, the claimant, Clarence Holley, sustained a compensable workers compensation injury. Before January 1, 1994, the employer/carrier (E/C) accepted Holley as permanently and totally disabled. On January 6, 1994, Alan Duggan, a representative of the carrier, notified Holley, through his attorney, that his permanent total disability (PTD) benefits would be suspended pursuant to section 440.15(1)(f)2.b., Florida Statutes (Supp. 1994), unless Holley applied for social security disability benefits. Holleys attorney responded to this notification in a letter dated January 10, 1994, consisting of the following statements: