GUSTAV THORARINSSON, APPELLANT,
v.
ROBERT F. WILSON, INC., AND MICHIGAN MUTUAL INSURANCE COMPANY, APPELLEES
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THOMPSON, Judge.
This case involves the appeal and cross-appeal of a workers’ compensation order awarding attendant care. We affirm the order except as to the award of attendant care.
The Judge of Compensation Claims (JCC) below held that § 440.13(2)(e)2, Fla.Stat. (1988), should not be retroactively applied. This court has previously held that the 1988 amendment of § 440.13(2)(e)2, applied to benefits awarded prior to, but paid after, the effective date of the amendment. Williams v. Amax Chemical Corp., 543 So. 2d 277 (Fla. 1st DCA 1989). Further, this court in Mr. C’s TV Rental and Liberty Mut. Ins. v. David Murray, 559 So. 2d 452 (Fla. 1st DCA 1990), held that neither the 1988 nor the 1989 amendment affect a claimant’s substantive rights. Therefore, the 1989 amendment applies to attendant care benefits awarded pursuant to the preamendment order but rendered and paid after the amendment’s effective date.
Accordingly, the JCC’s award of attendant care benefits is reversed and remanded for further proceedings consistent herewith.
BOOTH and MINER, JJ., concur.
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- MR. C's TV Rental & Liberty Mut. Ins. v. Murray, 559 So. 2d 452 (Fla. 1st DCA 1990)
- Cameo Hotel & Apts., Ltd. v. Rhoda Morris and Audrey Lewis, 543 So. 2d 277 (Fla. 3d DCA 1989)
- Williams v. Amax Chem. Corp. & Underwriters Adjusting Co., 543 So. 2d 277 (Fla. 1st DCA 1989)