BOBBY BALLARD, APPELLANT,
v.
MORNING STAR CONSTRUCTION AND ERC, APPELLEES
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The court held that the 1990 amendments to chapter 440 apply to accidents between July 1, 1990, and June 6, 1991, and reversed and remanded on constitutional grounds without reaching them.
Bobby Ballard appealed a workers' compensation order denying his claim for an increased average weekly wage. He argued the judge erred in applying an …
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PER CURIAM.
Bobby Ballard appeals a workers’ compensation order denying his claim for an increase in his average weekly wage and the corresponding compensation rate. We affirm in part, reverse in part, and remand for further proceedings.
Ballard first argues that the judge of compensation claims erred in applying section 440.02(24), Florida Statutes (Supp.1990), because it was held unconstitutional in Martinez v. Scanlan, 582 So. 2d 1167 (Fla.1991). We disagree. The 1990 amendments to chapter 440 apply to accidents which occurred after the effective date of the amendments, July 1, 1990, and before the date the amendments were held unconstitutional, June 6, 1991. Garcia v. Carmar Structural, Inc., 629 So. 2d 117 (Fla.1993).
Ballard also asserts that section 440.02(24), Florida Statutes (Supp.1990), is unconstitutional for the reasons that it violates due process and equal protection guarantees of the United States Constitution and the Florida Constitution and violates the Florida Constitution’s access to court’s provision. We reverse and remand for further proceedings in light of Vegas v. Globe Security, 627 So. 2d 76 (Fla. 1st DCA 1993), and decline to reach the constitutional issues.
AFFIRMED in part, REVERSED in part and REMANDED for further proceedings.
BOOTH, KAHN and MICKLE, JJ., concur.
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Ophene Jones v. Sunshine Cleaning Sys., Inc., 630 So. 2d 1252 (Fla. 1st DCA 1994)…firm in part, reverse in part and remand for further proceedings. Claimant’s compensable accident occurred on January 23, 1991, during the “window” period to which the 1990 amendments to chapter 440 apply. See Ballard v. Morning Star Construction, 629 So. 2d 322 (Fla. 1st DCA 1993) (citing Garcia v. Carmar Structural, Inc., 629 So. 2d 117 (Fla.1993)). The Judge of Compensation Claims, therefore, did not err in applying the 1990 amendments to Jones’ claim. The JCC erred, however, in his interpretation of the…
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Nnonyelu v. Chili's, Inc., 632 So. 2d 691 (Fla. 1st DCA 1994)…irm in part, reverse in part, and remand for further proceedings. Nnonyelu’s compensable accident occurred on November 4, 1990, during the “window” period to which the 1990 amendments to chapter 440 apply. See Ballard v. Morning Star Construction, 629 So. 2d 322 (Fla. 1st DCA 1993), citing Garcia v. Carmar Structural, Inc., 629 So. 2d 117 (Fla.1993). Thus, the JCC did not err in applying the 1990 amendments to Nnonyelu’s claim. However, considering this court’s opinion in Vegas v. Globe Security, 627 So. 2d…
Authorities Cited
- Martinez v. Scanlan, 582 So. 2d 1167 (Fla. 1991)
- Vegas v. Globe Sec. & CIGNA, 627 So. 2d 76 (Fla. 1st DCA 1993)
- Garcia v. Carmar Structural, 629 So. 2d 117 (Fla. 1993)