DANIEL JESUS POSADA, APPELLANT,

v.

LOURDES MARIA POSADA, APPELLEE

Citator

Cited By

• AT & T Wireless Servs., Inc. v. Castro, 896 So. 2d 828 (Fla. 1st DCA 2005)
  …ysician’s testimony that Claimant may receive up to twelve hours of attendant care per day.1 However, claimants have the burden of proving the quantity, quality, and duration of attendant services claimed. See Orange County Sheriff’s Dept. v. Perez, 541 So. 2d 652, 654 (Fla. 1st DCA 1989). It is erroneous for a [*831] JCC to award attendant care without regard to the actual services performed by the caretaker. See Bojangles v. Kuring, 598 So. 2d 250, 251 (Fla. 1st DCA 1992). If care is not provided, it cannot…
• Ramada INN S. Airport v. Lamoureux, 578 So. 2d 48 (Fla. 1st DCA 1991)
  …ices actually performed. We have held that it is improper to order payment for past attendant care based solely upon the claimant’s need for care, and without regard to the services actually performed. See Orange County Sheriffs Department v. Perez, 541 So. 2d 652 (Fla. 1st DCA 1989); Perez v. Pennsuco Cement & Aggregates, 504 So. 2d 1274 (Fla. 1st DCA 1986). Because there is no competent substantial evidence in the record to support a finding that claimant’s son spent 50 hours per week assisting her, we must…
• Adams Bldg. Materials, Inc. v. Brooks, 892 So. 2d 527 (Fla. 1st DCA 2004)
  …ight [*530] hours minimum, it was permissible to grant more. This was error. Claimants who need attendant care have the burden of proving the quantity, quality, and duration of attendant services claimed. See Orange County Sheriff’s Dep’t v. Perez, 541 So. 2d 652, 654 (Fla. 1st DCA 1989). A physician must indicate attendant care services are medically necessary. See § 440.13(2)(b), Fla. Stat. (2001)-(2002) (providing that employer must provide attendant care performed only at the direction and control of a p…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
• Lily Klein v. Klein, 122 So. 2d 205 (Fla. 3d DCA 1960)
• Bucci v. Bucci, 350 So. 2d 786 (Fla. 3d DCA 1977)