G & B Equipment, Inc. v. Miller

District Court of Appeal of Florida

G & B Equipment, Inc. v. Miller

466 So. 2d 437, 10 Fla. L. Weekly 895, 1985 Fla. App. LEXIS 13309

CourtDistrict Court of Appeal of Florida

DecidedApril 9, 1985

DocketNo. AY-416

StatusPublished

Cited by2 cases

This text of 466 So. 2d 437 (G & B Equipment, Inc. v. Miller) 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.

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G & B Equipment, Inc. v. Miller, 466 So. 2d 437, 10 Fla. L. Weekly 895, 1985 Fla. App. LEXIS 13309 (Fla. Ct. App. 1985).

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Opinion

MILLS, Judge.

In this workers’ compensation appeal, we affirm all issues but one. We reverse that part of the order requiring the employer/carrier to pay Miller's adult daughter $550 per week for constant attendant care from 25 August 1982 to the date of the order.

There is no competent substantial evidence in the record that Miller was provided constant compensable attendant care during the period in question. Miller, therefore, did not bear his burden of proving by competent substantial evidence the quantity, quality, and duration of attendant services claimed. Walt Disney World Co. v. Harrison, 443 So.2d 389 (Fla. 1st DCA 1983).

This holding does not affect Miller’s daughter’s entitlement to $200 per week for the period in question, payable pursuant to an earlier order dated 5 August 1981.

Affirmed in part and reversed in part.

JOANOS and BARFIELD, JJ., concur.

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