G & B EQUIPMENT, INC., AND ALLSTATE INSURANCE COMPANY, APPELLANTS,
v.
PAUL MILLER, APPELLEE
Explore caselaw by topic → Browse Worker'S Compensation cases and more on FLexlaw
MILLS, Judge.
In this workers’ compensation appeal, we affirm all issues but one. We reverse that part of the order requiring the employer/carrier to pay Miller's adult daughter $550 per week for constant attendant care from 25 August 1982 to the date of the order. There is no competent substantial evidence in the record that Miller was provided constant compensable attendant care during the period in question. Miller, therefore, did not bear his burden of proving by competent substantial evidence the quantity, quality, and duration of attendant services claimed. Walt Disney World Co. v. Harrison, 443 So. 2d 389 (Fla. 1st DCA 1983).
This holding does not affect Miller’s daughter’s entitlement to $200 per week for the period in question, payable pursuant to an earlier order dated 5 August 1981.
Affirmed in part and reversed in part.
JOANOS and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Flagship Nat'l Bank OF Broward Cnty. & Peninsular Fire Ins. Co. v. Hinkle, 479 So. 2d 828 (Fla. 1st DCA 1985)…authority of the construction of the statutory language in Rowe & Mitchell v. Rodgers, 378 So. 2d 1281, and thereby reaffirmed that the 1979 amendments contained no language which changed the prior law. Hayward Trucking, Inc. v. Aetna Insurance Co., 466 So. 2d 437 (Fla. 1st DCA 1985). The Structural Systems case involved unusual circumstances, including a washout agreement that released the carrier having coverage of the second accident, which are different from this case. We recognize that the opinion conta…1 / 2
-
Perez v. Pennsuco Cement & Aggregates & Ins. Co. of N. Am., 504 So. 2d 1274 (Fla. 1st DCA 1986)…s by persons other than the claimant. The court went on to state: “The burden is on the claimant to prove by competent, substantial evidence the quantity, quality, and duration of the attendant services claimed.” See also, G & B Equipment v. Miller, 466 So. 2d 437 (Fla. 1st DCA 1985). In the present case, the record does not contain competent substantial evidence that Perez’s wife actually spent eight hours a day performing necessary services for the claimant for the period of time at issue. Therefore, we fi…
-
Cruise Quality Painting & Cigna Ins. Cos. v. Paige, 564 So. 2d 1190 (Fla. 1st DCA 1990)…e v. Haddock, 533 So. 2d 301 (Fla. 1st DCA 1988); Florida Insurance Guaranty Association v. Fibercon Industries, 491 So. 2d 566 (Fla. 1st DCA 1986); Hayward Trucking, Inc. v. Aetna Insurance Co., 445 So. 2d 385 (Fla. 1st DCA 1984), and after remand, 466 So. 2d 437 (Fla. 1st DCA 1985). In response, Tire Kingdom points to our decision in Flagship National Bank of Broward County v. Hinkle, 479 So. 2d 828 (Fla. 1st DCA 1985), on which the judge relied in making his determination. We note that the decision in Hink…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Walt Disney World Co. v. Harrison, 443 So. 2d 389 (Fla. 1st DCA 1983)