Ramada Inn South Airport v. Lamoureux, 89-2995
| Decision Date | 08 August 1990 |
| Docket Number | No. 89-2995,89-2995 |
| Parties | 15 Fla. L. Weekly D2064 RAMADA INN SOUTH AIRPORT and Claims Center, Appellants, v. M. Diane LAMOUREUX, Appellee. |
| Court | Florida District Court of Appeals |
B.C. Pyle and Pauline W. McIntyre, Orlando, for appellants.
Frederic M. Schott of Meyers and Mooney, P.A., Orlando, for appellee.
The employer/carrier (E/C) in this workers' compensation case appeal an order in which the judge of compensation claims (JCC) directed the E/C to either provide the claimant with a rent-free, handicapped-equipped and wheelchair-accessible apartment, or to purchase her a similarly equipped house or condominium. The E/C also appeal that portion of the JCC's order providing that the housing either be furnished with a heated swimming pool or hot tub, or be located within a reasonable distance from such facilities. We affirm in part, reverse, and remand.
Both parties in this case agree that the severely injured claimant is in need of handicapped-equipped housing. The record is clear that the claimant's injuries and handicaps are at least as severe, if not more so, than those of the claimant in Peace River Electric Corp. v. Choate, 417 So.2d 831 (Fla. 1st DCA 1982). Further, it is clear from the record that claimant's present apartment in Dracut, Massachusetts is not wheelchair accessible, cannot be modified to meet the claimant's needs, and presents a safety hazard since the claimant has no way to exit the apartment in the event of a fire. We therefore affirm the JCC's finding that the E/C should bear the responsibility of providing appropriate handicapped-equipped housing to the claimant. We agree with the E/C, however, that they should bear the responsibility only for the difference between the cost of claimant's current apartment and the cost of an apartment or house fully equipped according to the specifications set out in the JCC's order. Consequently, we remand this matter to the JCC to modify his order in accordance with this opinion.
We reverse that portion of the order awarding either a swimming pool or hot tub or reasonable access thereto, as there is no evidence in the record which would support a finding that such facilities are medically necessary for treatment of the claimant's needs. See Haga v. Clay Hyder Trucking Lines, 397 So.2d 428 (Fla. 1st DCA 1981); Firestone Tire and Rubber Co. v. Vaughn, 381 So.2d 740 (Fla. 1st DCA 1980).
Accordingly, we affirm in part, reverse,...
To continue reading
Request your trial
-
R & T Const. Co. v. Judge
...specially designed apartment over the cost of the apartment occupied by the claimant prior to the injury. See Ramada Inn South Airport v. Lamoureux, 565 So.2d 376 (Fla.App.1990). In another Florida case, where the issue was modification of existing housing versus alternate housing, the cour......
-
Polk County Bd. of Com'rs v. Varnado
...found that nothing short of bulldozing the dwelling would serve to remedy the situation. Id. at 832. In Ramada Inn South Airport v. Lamoureux, 565 So.2d 376 (Fla. 1st DCA 1990), the court determined that the claimant's apartment could not be modified, and only then ordered the E/C to provid......
-
Pringle v. Mayor & Aldermen of City of Savannah, A96A1364
...housing to the employee only after it determined that the injured employee's apartment could not be modified. Ramada Inn South Airport v. Lamoureux, 565 So.2d 376 (Fla.App.1990). The Court further held that the employer should bear the responsibility only for the difference between the cost......
-
Gilley Trucking Co. v. Morrell, 90-3819
...River Electric Corp. v. Choate, 417 So.2d 831 (Fla. 1st DCA 1982), rev. dismissed, 429 So.2d 7 (Fla.1983), Ramada Inn South Airport v. Lamoureux, 565 So.2d 376 (Fla. 1st DCA 1990), Polk County Board of Commissioners v. Varnado, 576 So.2d 833 (Fla. 1st DCA 1991), and Skinner v. Florida Power......