FIRESTONE TIRE & RUBBER AND CIGNA INS. COMPANY, APPELLANTS,
v.
GEORGE KNOWLES AND THE DIVISION OF WORKERS' COMPENSATION, APPELLEES
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WENTWORTH, Judge.
The employer/carrier seek review of a workers’ compensation order by which attendant care for 24 hours per day was awarded to claimant. We affirm, finding competent, substantial evidence to support the award of around-the-clock daily care, and finding no error in the amount which was awarded for the per hour value of that care. However, we reverse that part of the order which compensates claimant’s wife for providing such attendant care for more than 12 hours per day after October 1, 1989. According to Mr. C’s TV Rental v. Murray, 559 So. 2d 452 (Fla. 1st DCA April 12, 1990), section 440.13(2)(e)2, Florida Statutes, as it was amended effective October 1, 1989, applies to attendant care benefits awarded in a preamendment order where services are both rendered and paid for after the effective date of the amendment.
Affirmed in part, reversed in part, and remanded for compliance with section 440.-13(2)(e)2, Florida Statutes (1989).
SMITH and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. DRW Realty Servs. & Aetna Life & Cas., 569 So. 2d 462 (Fla. 1st DCA 1990)…care benefits rendered after the July 1, 1990 effective date. See, e.g., Mr. C’s TV Rental v. Murray, 559 So. 2d 452 (Fla. 1st DCA 1990); Thorarinsson v. Robert F. Wilson, Inc., 563 So. 2d 710 (Fla. 1st DCA 1990); Firestone Tire & Rubber v. Knowles, 561 So. 2d 1293 (Fla. 1st DCA 1990).…
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Allied Disc. Tires & Executive Risk Consultants, Inc. v. Cook, 587 So. 2d 626 (Fla. 1st DCA 1991)…ATV Support Servs. v. Lohr, 509 So. 2d 1189 (Fla. 1st DCA 1987); DeLong v. 3015 West Corp., 491 So. 2d 1306 (Fla. 1st DCA 1986). When there is CSE to support an award of attendant care, the award will be affirmed. Firestone Tire & Rubber v. Knowles, 561 So. 2d 1293 (Fla. 1st DCA 1990). In the instant case, there is conflicting evidence in regard to claimant’s need for attendant care services. Dr. Olsson opined that claimant did not need attendant care as of August 1989, while Dr. Vligenthart and William Hoeff…
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Burris v. Goodyear, 577 So. 2d 1376 (Fla. 1st DCA 1991)…ERVIN, Judge, concurring. Because of this court’s decisions in Thorarinsson v. Robert F. Wilson, Inc., 563 [*1380] So. 2d 710 (Fla. 1st DCA 1990); Firestone Tire & Rubber v. Knowles, 561 So. 2d 1293 (Fla. 1st DCA 1990); King Lumber Co. v. Bloomfield, 560 So. 2d 389 (Fla. 1st DCA 1990); and Williams v. Amax Chemical Corp., 543 So. 2d 277 (Fla. 1st DCA 1989), construing Section 440.13(2)(e), Florida Statutes (Supp.1988), as applying to injuries o…
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- MR. C's TV Rental & Liberty Mut. Ins. v. Murray, 559 So. 2d 452 (Fla. 1st DCA 1990)