Mr. C's TV Rental v. Murray, 89-02110

Decision Date12 April 1990
Docket NumberNo. 89-02110,89-02110
Citation559 So.2d 452
Parties15 Fla. L. Weekly D937 MR. C's TV RENTAL and Liberty Mutual Insurance, Appellants, v. David MURRAY, Appellee.
CourtFlorida District Court of Appeals

Robert L. Dietz and John C. Bachman of Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., Orlando, for appellants.

J. David Parrish of Hurt & Parrish, P.A., Orlando, and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for appellee.

BOOTH, Judge.

This cause is before us on appeal from an order awarding claimant 24-hour-per-day attendant care benefits to be paid for care provided by claimant's wife. We reverse based on Section 440.13(2)(e)2, Florida Statutes (1989). Section 440.13(2)(e)2 provides:

440.13 Medical services and supplies; penalty for violations; limitations.--

....

(2)(e) The value of nonprofessional attendant or custodial care provided by a family member shall be determined as follows:

....

2. If the family member is employed and elects to leave that employment to provide attendant or custodial care, the per hour value of that care shall be at the per hour value of such family member's former employment, not to exceed the per hour value of such care available in the community at large. In no event shall a family member providing nonprofessional attendant or custodial care pursuant to this paragraph be compensated for more than 12 hours per day. [emphasis added to identify 1989 amendment].

The 1989 amendment, which limits compensation of family members providing nonprofessional attendant or custodial care to not more than 12 hours per day, became effective October 1, 1989, after the entry of the order (July 3, 1989) in this case. Ch. 89-289, §§ 10 and 45, Laws of Fla.

In Williams v. Amax Chemical Corporation, 543 So.2d 277 (Fla. 1st DCA 1989), this court applied the earlier 1988 amendment of Section 440.13(2)(e)2, Florida Statutes, to benefits awarded prior to, but paid after, the effective date of the amendment, holding:

After October 1, 1988, payment for the wife's services must be governed by section 440.13(2)(e), Florida Statutes (Supp.1988). She may wish to quit her job and receive her present hourly wage to the extent that it does not exceed "the per hour value of such care available in the community at large."

Neither the 1988 nor the 1989 amendment affect claimant's substantive rights. The 1989 amendment limits the number of hours of care for which claimant's wife may be paid but does not affect or in any...

To continue reading

Request your trial
20 cases
  • Broadspire v. Jones
    • United States
    • Court of Appeal of Florida (US)
    • May 8, 2015
    ...“[t]o the extent that this statutory language might be read to constitute a substantive change”); see also Mr. C's TV Rental v. Murray, 559 So.2d 452, 453 (Fla. 1st DCA 1990) (holding amendment limiting attendant care by family member to no more than twelve hours per day applied retroactive......
  • Kraft Dairy Group v. Cohen, 93-2341
    • United States
    • Court of Appeal of Florida (US)
    • November 22, 1994
    ...to this award even though Claimant's injury took place before the statute's effective date of October 1, 1988. Mr. C's TV Rental v. David Murray, 559 So.2d 452 (Fla. 1st DCA 1990) (the 1988 amendment prescribing the value of the attendant or custodial care provided by a family member does n......
  • Southern Bell Telephone, Inc. v. Cordell
    • United States
    • Court of Appeal of Florida (US)
    • April 16, 1997
    ...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 paragraph 4(b) of the decretal section of the JCC's order which r......
  • Ace Disposal v. Holley, 94-3384
    • United States
    • Court of Appeal of Florida (US)
    • February 20, 1996
    ...of payment for witnesses' fees, it did not diminish claimant's substantive rights and applied retroactively.); Mr. C's TV Rental v. Murray, 559 So.2d 452, 453 (Fla. 1st DCA 1990) (Amendment limiting family members to 12 hours of attendant care per day applied retroactively because it did no......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT