LEO BUTLER, APPELLANT,
v.
LANZO CONSTRUCTION CO. AND UNDERWRITERS ADJ. CO., APPELLEES

Fla. 1st DCA | 1987-06-30
No. BO-322
MILLS and WENTWORTH, JJ., concur.
509 So. 2d 965 Florida District Court of Appeal, First District (1987) Positive Treatment
Cited by 3 cases


Opinion of the Court
BARFIELD, Judge.

BARFIELD, Judge.

As both the appellant and the appellees concede, the deputy commissioner erred in the determination of the amount to be awarded for attendant care. The rate established by the deputy is purely arbitrary, without any foundation in the record. Thus, that finding is not supported by competent, substantial evidence. On remand, the deputy is to reconsider the proper amount, based upon the evidence before him. Further evidentiary proceedings may be conducted if necessary. The deputy is also directed to conduct further proceedings to determine the operability of the air conditioning system in the appellant’s home. The medical evidence established the appellant needs an air-conditioned living environment. Under these facts, it would be reasonable to require the employer/carrier to provide the injured employee with a working air conditioning system.

The other issues on appeal are found to be without merit. The deputy’s compensation order is REVERSED and REMANDED for further proceedings consistent with this opinion.

MILLS and WENTWORTH, JJ., concur.


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  • …ly equipped van for a claimant’s use. Edgewood Boys’ Ranch Foundation v. Robinson, 451 So. 2d 532 (Fla. 1st DCA 1984). See also United Sheet Metal Co. v. Meyer, 520 So. 2d 616 (Fla. 1st DCA 1988) (portable hot tub); Butler v. Lanzo Construction Co., 509 So. 2d 965 (Fla. 1st DCA 1987) (air conditioning); Sacred Heart Hospital v. Grafton, 451 So. 2d 1018 (Fla. 1st DCA 1984) (lap pool); Doctors Hospital of Lake Worth v. Robinson, 411 So. 2d 958 (Fla. 1st DCA 1982) (child care). Although such awards are permissib…
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  • Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)
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