Metropolitan Dade County v. Tobie

District Court of Appeal of Florida

Metropolitan Dade County v. Tobie

571 So. 2d 537, 1990 Fla. App. LEXIS 9469, 1990 WL 205416

CourtDistrict Court of Appeal of Florida

DecidedDecember 11, 1990

DocketNo. 90-1181

StatusPublished

This text of 571 So. 2d 537 (Metropolitan Dade County v. Tobie) 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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Metropolitan Dade County v. Tobie, 571 So. 2d 537, 1990 Fla. App. LEXIS 9469, 1990 WL 205416 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

In this workers’ compensation appeal, the employer/carrier appeals the order of the judge of compensation claims finding the claimant’s injury compensable and awarding attendant care benefits. Although we find competent substantial evidence in the record to support a finding of compensability and that the claimant is in need of attendant care, we find no evidence to support the number of hours awarded. We, therefore, reverse and remand, for the judge of compensation claims to receive additional testimony to determine the amount of attendant care the claimant requires and enter an order accordingly. See Jones v. McGhee, 502 So.2d 509 (Fla. 1st DCA 1987). The order is affirmed in all other respects.

SHIVERS, C.J., and BOOTH and ALLEN, JJ., concur.

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PER CURIAM.

In this workers’ compensation appeal, the employer/carrier appeals the order of the judge of compensation claims finding the claimant’s injury compensable and awarding attendant care benefits. Although we find competent substantial evidence in the record to support a finding of compensability and that the claimant is in need of attendant care, we find no evidence to support the number of hours awarded. We, therefore, reverse and remand, for the judge of compensation claims to receive additional testimony to determine the amount of attendant care the claimant requires and enter an order accordingly. See Jones v. McGhee, 502 So.2d 509 (Fla. 1st DCA 1987). The order is affirmed in all other respects.

SHIVERS, C.J., and BOOTH and ALLEN, JJ., concur.

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571 So. 2d 537, 1990 Fla. App. LEXIS 9469, 1990 WL 205416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-dade-county-v-tobie-fladistctapp-1990.

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