ILSE MAY, APPELLANT,
v.
BROWARD CORRECTIONAL INSTITUTION AND CRAWFORD & COMPANY, APPELLEES
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BARFIELD, Judge.
The issue in this appeal of a workers’ compensation order denying a claim for attorney fees under section 440.34(3)(a), Florida Statutes (1983), is whether attendant care benefits are medical benefits. We find that they are, and reverse the order. The deputy commissioner rejected the claimant’s theory that her claim for attendant care services, provided for the most part by her daughter, was a claim for “medical benefits only” so as to entitle her to an award of attorney fees under section 440.34(3)(a). The term “medical benefits” is not specifically defined in chapter 440. However, for purposes of determining entitlement to attorney fees under section 440.34(3)(a), “medical benefits” includes the medical services and supplies which the employer must provide under section 440.-13(2), including professional or nonprofessional custodial care under section 440.-13(2)(d). Dalton v. Orange County Sheriff, 503 So. 2d 406 (Fla. 1st DCA 1987); Rich International Airways v. Cahvas-quis, 416 So. 2d 902 (Fla. 1st DCA 1982).
REVERSED and remanded for further proceedings.
BOOTH and WIGGINTON, JJ„ concur.
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Fla. Refreshment & Gen. Adjustment Bureau v. Whaley, 577 So. 2d 1368 (Fla. 1st DCA 1991)…88. The present claim, as claimant points out, sought nothing but an increase of the daily attendant care award from sixteen hours to twenty-four hours per day. Attendant care is considered a medical benefit. May v. Broward Correctional Institution, 513 So. 2d 723 (Fla. 1st DCA 1987). In view of our ruling upholding the award of attorney’s fees based on bad faith, however, we find it unnecessary to make a determination of whether the attorney’s fees award on a “medical only” basis was also justified. We agre…
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Miles v. Fla. A & M Univ. & Bd. of Regents, 813 So. 2d 242 (Fla. 1st DCA 2002)…the validity of the final order [upholding termination as of August 26, 1999], the appellant is not entitled to an order of back pay, even as to that period between his termination and the date of the hearing.” Simmons v. Dep’t of Natural Resources, 513 So. 2d 723, 724 (Fla. 1st DCA 1987); see Metro. Dade County v. Sokolowski, 439 So. 2d 932, 934-35 (Fla. 3d DCA 1983). Affirmed. ERVIN and POLSTON, JJ., CONCUR. . Florida Administrative Code Rule 6C3-10.103(8) provides: Procedures for Filing a Complaint. (…1 / 2
Authorities Cited
- Dalton v. Orange Cnty. Sheriff & U.S. Ins. Grp., 503 So. 2d 406 (Fla. 1st DCA 1987)
- Rich Int'l Airways, Inc. v. Cahvasquis, 416 So. 2d 902 (Fla. 1st DCA 1982)