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Thorarinsson v. Robert F. Wilson

District Court of Appeal of Florida, First District
Jul 27, 1990
563 So. 2d 710 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1183.

April 18, 1990. Rehearing Denied July 27, 1990.

Appeal from the Judge of Compensation Claims, Stephen P. Cullen.

Frank B. Kessler, Lake Worth, and Jerry Goodmark, West Palm Beach, for appellant.

Edward D. Schuster of Pyszka, Kessler, Massey, Weldon, Catri, Holton Douberley, P.A., Fort Lauderdale, for appellees.


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.


Summaries of

Thorarinsson v. Robert F. Wilson

District Court of Appeal of Florida, First District
Jul 27, 1990
563 So. 2d 710 (Fla. Dist. Ct. App. 1990)
Case details for

Thorarinsson v. Robert F. Wilson

Case Details

Full title:GUSTAV THORARINSSON, APPELLANT, v. ROBERT F. WILSON, INC., AND MICHIGAN…

Court:District Court of Appeal of Florida, First District

Date published: Jul 27, 1990

Citations

563 So. 2d 710 (Fla. Dist. Ct. App. 1990)

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