Ardmore Farms v. Wallace

District Court of Appeal of Florida

Ardmore Farms v. Wallace

571 So. 2d 47, 1990 Fla. App. LEXIS 8904, 1990 WL 181564

CourtDistrict Court of Appeal of Florida

DecidedNovember 21, 1990

DocketNo. 90-517

StatusPublished

This text of 571 So. 2d 47 (Ardmore Farms v. Wallace) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ardmore Farms v. Wallace, 571 So. 2d 47, 1990 Fla. App. LEXIS 8904, 1990 WL 181564 (Fla. Ct. App. 1990).

Pincite

Opinion

WENTWORTH, Judge.

Employer/carrier appeal a workers’ compensation order by which claimant was awarded wage loss benefits and rehabilitation assistance. We find no error with regard to these awards, and we reject employer/ carrier’s argument that they should not be responsible for claimant’s rehabilitation since section 440.49, as amended in 1989, now makes the Division of Workers’ Compensation the entity responsible for providing rehabilitation services. The enactment which was effective on the date of claimant’s injury, section 440.49, Florida Statutes (1987), made employer/carrier the party responsible for providing rehabilitation. The 1989 amendment alters the substantive responsibilities of employer/carrier and the Division, and thus may not be retroactively applied. See generally, Sullivan v. Mayo, 121 So.2d 424 (Fla.1960).

The order appealed is affirmed.

JOANOS and ALLEN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

WENTWORTH, Judge.

Employer/carrier appeal a workers’ compensation order by which claimant was awarded wage loss benefits and rehabilitation assistance. We find no error with regard to these awards, and we reject employer/ carrier’s argument that they should not be responsible for claimant’s rehabilitation since section 440.49, as amended in 1989, now makes the Division of Workers’ Compensation the entity responsible for providing rehabilitation services. The enactment which was effective on the date of claimant’s injury, section 440.49, Florida Statutes (1987), made employer/carrier the party responsible for providing rehabilitation. The 1989 amendment alters the substantive responsibilities of employer/carrier and the Division, and thus may not be retroactively applied. See generally, Sullivan v. Mayo, 121 So.2d 424 (Fla.1960).

The order appealed is affirmed.

JOANOS and ALLEN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

571 So. 2d 47, 1990 Fla. App. LEXIS 8904, 1990 WL 181564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ardmore-farms-v-wallace-fladistctapp-1990.

Opinion

Related

Cite This Page — Counsel Stack