Legal Opinion · Dissent

City of Hollywood v. BENOIT EX REL. BENOIT

District Court of Appeal of Florida

Decided January 21, 2009No. 4D08-1312Published

1DissentWarner, J.

I would reverse the order under appeal, as I conclude that the appellees did not prove that the employer defaulted on its obligations. The employer agreed to provide “round the clock attendant care for the claimant, including twelve hours per day to be provided by [appellant’s mother].” The employer has continued to provide round the clock care, as the parties stipulated in a compensation order entered by the JCC. Because the parties agree that the claimant continues to receive all of the care, which the employer agreed to provide in the original compensation order, it has not defaulted. It…

2Cases cited2 opinions

  1. Metropolitan Dade County v. RolleDistrict Court of Appeal of Florida · 1995
  2. Metropolitan Dade County v. RolleDistrict Court of Appeal of Florida · 1996

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API