Firestone Tire & Rubber v. Knowles

Decision Date24 May 1990
Docket NumberNo. 89-2659,89-2659
Citation561 So.2d 1293
Parties15 Fla. L. Weekly D1450 FIRESTONE TIRE & RUBBER and Cigna Ins. Company, Appellants, v. George KNOWLES and The Division of Workers' Compensation, Appellees.
CourtFlorida District Court of Appeals

Rhea P. Grossman, Miami, for appellants.

Jerold Feuer, Miami, for appellees.

WENTWORTH, Judge.

The employer/carrier seek review of a workers' compensation order by which attendant care for 24 hours per day was awarded to claimant. We affirm, finding competent, substantial evidence to support the award of around-the-clock daily care, and finding no error in the amount which was awarded for the per hour value of that care. However, we reverse that part of the order which compensates claimant's wife for providing such attendant care for more than 12 hours per day after October 1, 1989. According to Mr. C's TV Rental v. Murray, 559 So.2d 452 (Fla. 1st DCA April 12, 1990), section 440.13(2)(e)2, Florida Statutes, as it was amended effective October 1, 1989, applies to attendant care benefits awarded in a preamendment order where services are both rendered and paid for after the effective date of the amendment.

Affirmed in part, reversed in part, and remanded for compliance with section 440.13(2)(e)2, Florida Statutes (1989).

SMITH and WIGGINTON, JJ., concur.

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7 cases
  • Burris v. Goodyear
    • United States
    • Florida District Court of Appeals
    • April 9, 1991
    ...of this court's decisions in Thorarinsson v. Robert F. Wilson, Inc., 563 So.2d 710 (Fla. 1st DCA 1990); Firestone Tire & Rubber v. Knowles, 561 So.2d 1293 (Fla. 1st DCA 1990); King Lumber Co. v. Bloomfield, 560 So.2d 389 (Fla. 1st DCA 1990); and Williams v. Amax Chemical Corp., 543 So.2d 27......
  • Southern Bell Telephone, Inc. v. Cordell
    • United States
    • Florida District Court of Appeals
    • April 16, 1997
    ...contained in § 440.13(2)(h)2. See also, City of North Miami v. Towers, 584 So.2d 38 (Fla. 1st DCA 1991); Firestone Tire & Rubber v. Knowles, 561 So.2d 1293 (Fla. 1st DCA 1990); Mr. C's TV Rental v. Murray, 559 So.2d 452 (Fla. 1st DCA 1990). The Circuit Court apparently based its order on pa......
  • Florida Refreshment and General Adjustment Bureau v. Whaley
    • United States
    • Florida District Court of Appeals
    • April 8, 1991
    ...hours daily care, and ordered an award of twenty-four hours of daily care by the claimant's wife. See also, Firestone Tire & Rubber v. Knowles, 561 So.2d 1293 (Fla. 1st DCA 1990). Even if the twenty-four hour attendant care award was justified under the evidence, however, the E/C contend th......
  • Foster Wheeler Energy Corp. v. Faircloth
    • United States
    • Florida District Court of Appeals
    • April 9, 1991
    ...277 (Fla. 1st DCA 1989). And see Thorarinsson v. Robert F. Wilson, Inc., 563 So.2d 710 (Fla. 1st DCA 1990); Firestone Tire & Rubber v. Knowles, 561 So.2d 1293 (Fla. 1st DCA 1990); King Lumber Co. v. Bloomfield, 560 So.2d 389 (Fla. 1st DCA 1990); Mr. C's TV Rental v. Murray, 559 So.2d 452 (F......
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