SILVER SPRINGS SPORTSWEAR AND ALLSTATE INSURANCE COMPANY, APPELLANTS,
v.
LUCILLE MARLIN, APPELLEE
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In this workers' compensation appeal, the court reversed the deputy commissioner's award of unskilled nursing services provided by the claimant's husband prior to the claim's filing date, finding no valid request for such services and insufficient evidence that the carrier knew of the claimant's need for nursing care before the claim was filed.
The court reversed the award of nursing services provided prior to the claim filing date, finding no valid request for nursing services as required by Section 440.13(1), Florida Statutes, and no competent substantial evidence that the carrier knew or should have known of the claimant's need for nursing services before June 19, 1979. The court affirmed the award of five hours of daily nursing services rendered after the claim was filed.
[1] Recovery for unskilled nursing services furnished by a spouse prior to the date of a workers' compensation claim requires a request for such services.
[2] A workers' compensation carrier's knowledge of a claimant's need for nursing services must be supported by competent substantial evidence.
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Join FLexlaw to unlock all legal intelligence“There was no request for nursing services as required as a prerequisite to recovery under Section 440.13(1), Florida Statutes (1977).”
Establishes the statutory requirement that triggered reversal of the pre-claim award
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Join FLexlaw to unlock all legal intelligenceLucille Marlin was a worker who sustained injuries requiring her husband to quit his job to provide full-time care. She had neurogenic bladder and bow…
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PER CURIAM.
In this worker’s compensation appeal we find error and reverse the deputy commissioner’s award of compensation to the claimant’s husband for unskilled nursing services furnished by him to the claimant prior to the date of the claim, June 4, 1979. There was no request for nursing services as required as a prerequisite to recovery under Section 440.13(1), Florida Statutes (1977).
Further, although the deputy commissioner’s order contains a finding that the carrier “either knew or should have known that the claimant was in need of attendance services from approximately the time of her [3rd] surgery which occurred in November, 1976,” we are unable to find competent substantial evidence to support this finding. On the contrary, we find that even the treating physician was unaware of the claimant’s need for unskilled nursing assistance until after the claim was filed; and the carrier’s first knowledge of such a need came when it received Doctor Cau-then’s letter of June 19, 1979. The evidence relied upon by appel-lee, consisting of various medical and progress reports disclosing claimant’s neurogenic bladder and bowel dysfunctions, double vision, and inability to bear weight on her right leg, does not suffice to confer knowledge that the nature of claimant’s injuries required nursing services. Neither these reports nor the January, 1978 request by Dr. Cauthen for a wheelchair for the claimant disclose physical ailments or disabilities that would prevent the claimant from being able to care for herself without assistance other than that normally provided by family members. See Lance v. Witters Construction, 270 So. 2d 4 (Fla.1972); City of Miami v. Brownlow, 9 F.C.R. 360 (1976) cert. denied 339 So. 2d 1167 (Fla. 1976).
We find no error in the award of five hours of unskilled nursing service per day in that the services rendered by claimant’s husband, who quit his job so as to be able to care for his wife, went beyond those normally provided on a gratuitous basis by family members. See Craftmen’s Village v. Benach, 8 F.C.R. 372 (1974), cert. denied 302 So. 2d 762 (Fla.1974); Edward L. Nezelek v. Terlizzese, 9 F.C.R: 328 (1975). Our determination that the deputy commissioner did not commit error in failing to award more than five hours of unskilled nursing services per day disposes of appellee’s cross-appeal.
AFFIRMED in part and REVERSED in part, with directions to the deputy commissioner to enter an amended order limiting recovery of unskilled nursing services to those services provided subsequent to the filing of the claim.
LARRY G. SMITH and SHIVERS, JJ., and MASON, ERNEST E., Associate Judge (Ret.), concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Walt Disney World Co. v. Harrison, 443 So. 2d 389 (Fla. 1st DCA 1983)…us services contemplated by this general rule are those which would normally be provided by family members who live with the claimant and usually perform like services for the benefit of the household. See, e.g., Silver Springs Sportswear v. Marlin, 389 So. 2d 702 (Fla. 1st DCA 1980). It is not the purpose of section 440.13 to burden family members with medically required nursing services and unskilled attendant care when claimant leaves the hospital and returns home. We do not believe that the care and serv…
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The Exceptional Child's. Home & Nursery, Inc. v. Fortuna, 414 So. 2d 1130 (Fla. 1st DCA 1982)…vices in this case did not begin until it received notice of a request for these services, since there were no compelling circumstances to impute knowledge to the carrier of the claimant’s need for such services. Silver Springs Sportswear v. Marlin, 389 So. 2d 702 (Fla. 1st DCA 1980). The claim for nursing services was filed on November 20 and was followed by a letter from claimant’s lawyer on November 30. Thus, the operative point in time, for purposes of determining whether the carrier made a diligent effor…
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State v. Kenneth Vernon Handy and the Division of Workers' Compensation, 413 So. 2d 808 (Fla. 1st DCA 1982)…a claimant by a spouse or other family member, are considered gratuitous, and cannot form the basis of an award for attendant care services. Pan American World Airways, Inc. v. Weaver, 226 So. 2d 801 (Fla.1969); Silver Springs Sportswear v. Marlin, 389 So. 2d 702 (Fla. 1st DCA 1980). The record in this case is devoid of evidence which could support an award of attendant nursing care services in excess of eight hours per day, and we accordingly modify the Deputy’s order to require the E/C to pay claimant’s wi…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Craftsmen's Vill., Inc. v. Benach, 302 So. 2d 762 (Fla. 1974)
- In re Transition Rule 7, 270 So. 2d 4 (Fla. 1972)
- Lance v. Witters Constr., 270 So. 2d 4 (Fla. 1972)