BAIRD MOBILE HOME AND LIBERTY MUTUAL INSURANCE CO., APPELLANTS,
v.
JAMES SMITH, APPELLEE
WOLF, Judge.
Baird Mobile Home and Liberty Mutual Insurance Company, the employer and carrier, appeal from an order of the judge of compensation claims which awarded attendant-care benefits to the spouse of James Smith, the claimant. The employer/carrier raises three issues on appeal: (1) Whether the JCC erred in determining the hourly rate at which attendant care should be computed; (2) whether the JCC erred in the amount of time per day awarded for attendant care; and (3) whether the JCC erred in awarding interest on past attendant-care benefits. We affirm as to issues I and II in regard to the award of attendant-care benefits. We reverse as to issue III, finding interest on past attendant-care benefits to be unauthorized. Williams v. Amax Chemical Corp., 543 So. 2d 277 (Fla. 1st DCA 1989).
Affirmed in part, reversed in part, and remanded with directions to enter a final order consistent with this opinion.
ZEHMER and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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S. Bell Tel., Inc. v. Cordell, 693 So. 2d 1012 (Fla. 3d DCA 1997)…ppeal. The Circuit Court’s final judgment also awarded accrued interest on the principal sum due Claimant for home attendant care. This was error. Interest cannot be assessed on an award for past attendant care services. Baird Mobile Home v. Smith, 579 So. 2d 929 (Fla. 1st DCA 1991); Area Refrigeration & Air Conditioning v. Glazer, 575 So. 2d 332 (Fla. 1st DCA 1991); Mount Sinai Medical Center v. Calleyro, 572 So. 2d 1025 (Fla. 1st DCA 1991); Williams v. Amax Chemical Corp., 543 So. 2d 277 (Fla. 1st DCA 1989…
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Ward v. Fla. Parole Comm'n, 602 So. 2d 690 (Fla. 1st DCA 1992)…d this claim, as his “sole point on appeal” consists of a new argument concerning alleged procedural defects in the revocation process. Because this claim was not presented to the trial court, we decline to address it on appeal. See Kelly v. Dugger, 579 So. 2d 929 (Fla. 1st DCA 1991). AFFIRMED. SHIVERS, MINER and ALLEN, JJ., concur.…
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PAN Am. Airways & Travelers Ins. Co. v. Wagner, 654 So. 2d 1177 (Fla. 1st DCA 1994)…PER CURIAM. The award of attendant care benefits is affirmed. The award of prejudgment interest on those benefits is reversed. See Baird Mobile Home v. Smith, 579 So. 2d 929 (Fla. 1st DCA 1991); Area Refrigeration & Air Conditioning v. Glazer, 575 So. 2d 332 (Fla. 1st DCA 1991); Williama v. Amax Chemical Corp., 543 So. 2d 277 (Fla. 1st DCA 1989). ALLEN, LAWRENCE and BENTON, JJ., concur.…
Authorities Cited
- 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)