RAMADA INN SOUTH AIRPORT AND CLAIMS CENTER, APPELLANTS,
v.
M. DIANE LAMOUREUX, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this workers' compensation appeal, the Florida First District Court of Appeal addressed whether an employer/carrier must provide severely disabled employee Diane Lamoureux with rent-free, handicapped-equipped housing including a swimming pool or hot tub. The court affirmed the requirement to provide appropriate handicapped housing but reversed the swimming pool requirement as unsupported by medical necessity.
The employer/carrier must provide appropriate handicapped-equipped housing to the claimant, but is responsible only for the difference between the cost of the claimant's current apartment and the cost of the new handicapped-equipped housing. The requirement for a swimming pool or hot tub or reasonable access thereto is reversed as unsupported by the record.
[1] An employer/carrier is responsible for providing handicapped-equipped housing to a severely injured claimant when the claimant's current housing is inaccessible, cannot b…
[2] The responsibility of an employer/carrier for providing handicapped-equipped housing is limited to the difference in cost between the claimant's current housing and the c…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the claimant's injuries and handicaps are at least as severe, if not more so, than those of the claimant in Peace River Electric Corp. v. Choate”
Establishes the severity threshold for requiring housing assistance in workers' compensation cases
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe claimant sustained severe injuries leaving her with significant handicaps. Her current apartment in Dracut, Massachusetts is not wheelchair access…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Medical Necessity cases and more on FLexlaw
SHIVERS, Chief Judge.
The employer/carrier (E/C) in this workers’ compensation case appeal an order in which the judge of compensation claims (JCC) directed the E/C to either provide the claimant with a rent-free, handicapped-equipped and wheelchair-accessible apartment, or to purchase her a similarly equipped house or condominium. The E/C also appeal that portion of the JCC’s order providing that the housing either be furnished with a heated swimming pool or hot tub, or be located within a reasonable distance from such facilities. We affirm in part, reverse, and remand.
Both parties in this case agree that the severely injured claimant is in need of handicapped-equipped housing. The record is clear that the claimant's injuries and handicaps are at least as severe, if not more so, than those of the claimant in Peace River Electric Corp. v. Choate, 417 So. 2d 831 (Fla. 1st DCA 1982). Further, it is clear from the record that claimant’s present apartment in Dracut, Massachusetts is not wheelchair accessible, cannot be modified to meet the claimant's needs, and presents a safety hazard since the claimant has no way to exit the apartment in the event of a fire. We therefore affirm the JCC’s finding that the E/C should bear the responsibility of providing appropriate handicapped-equipped housing to the claimant. We agree with the E/C, however, that they should bear the responsibility only for the difference between the cost of claimant’s current apartment and the cost of an apartment or house fully equipped according to the specifications set out in the JCC’s order. Consequently, we remand this matter to the JCC to modify his order in accordance with this opinion.
We reverse that portion of the order awarding either a swimming pool or hot tub or reasonable access thereto, as there is no evidence in the record which would support a finding that such facilities are medically necessary for treatment of the claimant’s needs. See Haga v. Clay Hyder Trucking Lines, 397 So. 2d 428 (Fla. 1st DCA 1981); Firestone Tire and Rubber Co. v. Vaughn, 381 So. 2d 740 (Fla. 1st DCA 1980).
Accordingly, we affirm in part, reverse, and remand.
BOOTH and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Polk Cnty. Bd. OF Comm'rs & Home Ins. Co. v. Emmett F. Varnado, 576 So. 2d 833 (Fla. 1st DCA 1991)…y unique circumstances of that case (claimant living alone in a dilapidated makeshift dwelling). The court found that nothing short of bulldozing the dwelling would serve to remedy the situation. Id. at 832. In Ramada Inn South Airport v. Lamoureux, 565 So. 2d 376 (Fla. 1st DCA 1990), the court determined that the claimant’s apartment could not be modified, and only then ordered the E/C to provide a different apartment with appropriate handicap-equipped facilities. In Lane v. Walton Cottrell Assocs., 422 So.…
-
Temps & Co. Servs. & Liberty Mut. Ins. Co. v. Cremeens, 597 So. 2d 394 (Fla. 1st DCA 1992)…he e/c. See Fidelity & Casualty Co. of New York v. Cooper, 382 So. 2d 1331 (Fla. 1st DCA 1980) (awarding reasonable and necessary costs of modification of motorcycle following loss of claimant’s hand). We find Ramada Inn South Airport v. Lamoureux, 565 So. 2d 376 (Fla. 1st DCA 1990), factually similar. In that case, it was agreed that claimant needed handicapped-equipped housing, but her existing residence could not be modified as needed and constituted a safety hazard. The JCC directed the e/c either to pro…
-
Gilley Trucking Co. & Ga. Cas. & Sur. Co. v. Elbie D. Morrell, 591 So. 2d 302 (Fla. 1st DCA 1991)…t actually exceeds its duty under Florida law. As authority for this argument, appellants cite: Peace River Electric Corp. v. Choate, 417 So. 2d 831 (Fla. 1st DCA 1982), rev. dismissed, 429 So. 2d 7 (Fla.1983), Ramada Inn South Airport v. Lamoureux, 565 So. 2d 376 (Fla. 1st DCA 1990), Polk County Board of Commissioners v. Varnado, 576 So. 2d 833 (Fla. 1st DCA 1991), and Skinner v. Florida Power Corp., 580 So. 2d 615 (Fla. 1st DCA 1991). In Choate, a paraplegic claimant sought an “Enabler II,” while the E/C of…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Haga v. Clay Hyder Trucking Lines, 397 So. 2d 428 (Fla. 1st DCA 1981)
- Firestone Tire & Rubber Co. & Liberty Mut. Ins. Co. v. Vaughn, 381 So. 2d 740 (Fla. 1st DCA 1980)
- Peace River Elec. Corp. & Emp'rs Ins. of Wausau v. Choate, 417 So. 2d 831 (Fla. 1st DCA 1982)