WILLIE JONES AND HARTFORD INSURANCE GROUP, APPELLANTS,
v.
LEROY MCGHEE, APPELLEE
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In a workers' compensation appeal, the court affirmed an award of attendant care services from the date an aide was hired but reversed and remanded the award for the prior period, holding that the claimant must prove by competent, substantial evidence the quantity, quality, and duration of services provided by family members.
A claimant seeking reimbursement for attendant care services provided by family members must prove by competent, substantial evidence the quantity, quality, and duration of such services.
[1] A claimant seeking reimbursement for attendant care services provided by family members must establish by competent, substantial evidence the quantity, quality, and durat…
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Join FLexlaw to unlock all legal intelligence“The burden is on the claimant to prove by competent, substantial evidence the quantity, quality, and duration of attendant services claimed.”
The court stated this burden requirement when discussing reimbursement for attendant care services provided by family members beyond normal household services.
An employee injured in a work-related incident claimed reimbursement for attendant care services provided by family members from June 5, 1984 to June …
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ERVIN, Judge.
In this workers’ compensation appeal, the employer/carrier appeals an award of attendant care services. We affirm that portion of the order awarding attendant care services as of the date an aide was hired, June 16, 1985, finding that there is competent, substantial evidence in the record in support thereof from that date onward. We reverse and remand the order as it relates to the award of such services from June 5, 1984 to June 15, 1985, in that there is no evidence in the record as to the quantity, quality or duration of services provided to the claimant prior to the date the attendant was hired. While the claimant is entitled to reimbursement for the actual performance of attendant services by family members going beyond those household services which would normally be provided by family members on a gratuitous basis, “[t]he burden is on the claimant to prove by competent, substantial evidence the quantity, quality, and duration of attendant services claimed.” Walt Disney World Company v. Harrison, 443 So. 2d 389, 393 (Fla. 1st DCA 1983).
On remand, the deputy commissioner is directed to conduct further proceedings to determine whether the appellee is entitled to reimbursement for attendant care services from June 5, 1984 to June 15, 1985, or any period thereof, and if so, the value of such services.
AFFIRMED in part, REVERSED in part and REMANDED.
SHIVERS and ZEHMER, JJ., concur.
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Citator
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Constr. Finishing v. A.E. Combs, 569 So. 2d 919 (Fla. 1st DCA 1990)…res reversal, we note that claimant correctly concedes that reversal “may be necessary.” It is well established that the claimant has the burden of establishing the quantity, quality and duration of the necessary attendant care. See Jones v. McGhee, 502 So. 2d 509 (Fla. 1st DCA 1987); Perez v. Pennsuco Cement & Aggregates, 504 So. 2d 1274 (Fla. 1st DCA 1986); Walt Disney World Co. v. Harrison, 443 So. 2d 389, 393 (Fla. 1st DCA 1983). In the instant case, the JCC awarded $200.00 per week without making any fin…
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Orange Cnty. Sheriff's Dep't & Crum & Forster Commercial Ins. v. Perez, 541 So. 2d 652 (Fla. 1st DCA 1989)…rom November 30, 1987 to January 28, 1988 is well taken and it is on this point that reversal is required. It is the burden of a claimant for attendant care to prove the quantity, quality and duration of attendant services claimed. Jones v. McGhee, 502 So. 2d 509 (Fla. 1st DCA 1987). Here, the deputy awarded 16-hour per day attendant care for a period where the only record evidence shows that the purported caretaker was working at an outside job for nine hours during the day, and that claimant himself was ca…
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Metro. Dade Cnty. v. Tobie, 571 So. 2d 537 (Fla. 1st DCA 1990)…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.…
Authorities Cited
- Walt Disney World Co. v. Harrison, 443 So. 2d 389 (Fla. 1st DCA 1983)