ALEXANDER L. COVER, APPELLANT,
v.
T G & Y AND SEABOARD FIRE & MARINE, APPELLEES
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This worker's compensation case involved a claimant found permanently and totally disabled. The appellate court affirmed the disability finding but reversed the denial of a claim for pool pump repair, deeming it a necessary expense for prescribed therapy.
The court affirmed the finding of permanent and total disability and the award for nursing care, but reversed the denial of the claim for the pool pump repair, finding it a reasonable and necessary expense for prescribed therapy.
[1] A worker's compensation order finding permanent and total disability may be based on a combination of an industrial accident and the natural progression of arthritis occu…
[2] A worker's compensation order may retain jurisdiction to determine the compensation rate by apportionment after compliance with further orders, such as re-deposing a medi…
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Join FLexlaw to unlock all legal intelligence“We find no error with respect to those issues nor as to the award for nursing care and [*DCCCLXXIII] denial of penalties and interest.”
Establishes that the court found no error regarding the disability finding and nursing care award.
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Join FLexlaw to unlock all legal intelligenceThe claimant, who reached maximum medical improvement in May 1977, was found permanently and totally disabled due to an industrial accident combined w…
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PER CURIAM.
This appeal is from a worker’s compensation order finding that appellant/claimant, who reached maximum medical improvement in May of 1977, is permanently and totally disabled from a combination of his industrial accident and the natural progression of arthritis since that accident. Appellant controverts the factual basis for that finding, as well as the legal propriety of the direction for payment of “permanent and total disability benefits at a yet-to-be determined compensation rate from May 18, 1977.” Jurisdiction was retained to determine the rate by apportionment after compliance with the further order to re-depose a medical witness on that question.
We find no error with respect to those issues nor as to the award for nursing care and [*DCCCLXXIII] denial of penalties and interest. We also conclude against the point raised on cross-appeal, because the record reflects no change in the factual predicate for a prior award (not appealed) for costs of chemicals for seasonal maintenance of a swimming pool necessary for prescribed therapy.
We reverse the order, however, insofar as it denied the cost claimed for repair of a pump essential to the summer seasonal use of the pool for such therapy.
Examination of the record and orders entered on this claim does not support appellee’s contention that adequate alternatives are approved or substituted by the order in lieu of the preferred pool therapy prescribed on a seasonal basis in this case. Instead, the repair cost claimed under the circumstances appears to be a reasonable method for providing the care recommended by the attending doctor under the statutory provision for furnishing the use of apparatus as the nature of the injury may require. Section 440.13(1), Florida Statutes. Walt Disney World Co. v. Morgan, IRC Order 2-3818 (May 22, 1979).
The order is accordingly affirmed in part and reversed in part and the cause remanded for further proceedings consistent herewith.
ERVIN, Acting C. J., and SHAW and WENTWORTH, JJ., concur.
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Firestone Tire & Rubber Co. & Liberty Mut. Ins. Co. v. Vaughn, 381 So. 2d 740 (Fla. 1st DCA 1980)…required the installation of a pool. Appellants raise under Point II the issue of whether it was proper to require appellants to reimburse Vaughn for the maintenance costs of the pool. We answer this in the affirmative. E. g., Cover v. T. G. & Y., 377 So. 2d 792 (Fla. 1st DCA 1979). The remaining issue raised under Point II and Point I of the cross-appeal concerns a determination of the proper amount of reimbursement. Appellants urge that the pool increases the value of the residence and is a monetary adva…
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Fid. & Cas. Co. OF NEW York (Through Underwriters Adjusting Company) v. Cooper, 382 So. 2d 1331 (Fla. 1st DCA 1980)…tus” as that term is used in § 440.13(1). See § 440.49(1), Florida Statutes, for additional provisions governing claims for specific rehabilitation benefits; cf. American Fire & Casualty Co. v. Capps, IRC Order 2-3205 (July 25, 1977); Cover v. TG&Y, 377 So. 2d 792 (Fla.lst DCA 1979); Firestone Tire & Rubber Co. v. Vaughn, 381 So .2d 740 (Fla.lst DCA 1980). The order appealed is accordingly affirmed. McCORD and LARRY G. SMITH, JJ., concur.…
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Temps & Co. Servs. & Liberty Mut. Ins. Co. v. Cremeens, 597 So. 2d 394 (Fla. 1st DCA 1992)…e responsible only for those expenses uniquely attributable to providing the medically required AT/PS options and making those options continually available to claimant. Delong v. 3015 West Corp., 558 So. 2d 108 (Fla. 1st DCA 1990); Cover v. TG & Y, 377 So. 2d 792 (Fla. 1st DCA 1979) (reversing order that had denied award of repair costs of pump essential to seasonal use of medically necessary pool). In Applegate, the e/c were made responsible for insurance, maintenance and repair costs related to the award o…
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