MOUNT SINAI MEDICAL CENTER, AND GATES, MCDONALD, APPELLANTS,
v.
ELISA CALLEYRO, APPELLEE
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The court reversed the interest award on past attendant care services and the uniform hourly rate of $6.77, remanding for payment at varying rates agreed by the parties, while affirming the six-hour daily attendant care award.
Interest on past attendant care services performed by a family member must be reversed, and a uniform hourly rate must be replaced with varying rates supported by the record for different time periods.
[1] Interest on past attendant care services performed by a family member in workers' compensation cases is not recoverable.
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Join FLexlaw to unlock all legal intelligenceMount Sinai Medical Center and Gates McDonald appealed a workers' compensation order awarding payment for attendant care services to claimant Elisa Ca…
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JOANOS, Judge.
The employer/carrier appeal a workers’ compensation order which awarded payment for attendant care services. The claimant concedes error with regard to an award of interest on past attendant care services performed by a family member, as well as the rate of pay awarded. Therefore, we reverse the interest award on past attendant care services, pursuant to Williams v. Amax Chemical Corp., 543 So. 2d 277, 279 (Fla. 1st DCA 1989). See also Nurse Finders, Inc. v. Harris, 561 So. 2d 1267 (Fla. 1st DCA 1990); Gilbert Construction Co. v. Smith, 550 So. 2d 177 (Fla. 1st DCA 1989). In addition, we reverse the uniform rate of $6.77 per hour awarded by the judge of compensation claims, and remand with directions to award payment for attendant care services for the following periods and rates acknowledged by the parties to be supported by the record: (1) January 28, 1984 through April 5, 1986 — Federal minimum wage; (2) April 6, 1986, through June 1, 1987 — $4.60 per hour; (3) June 2, 1987, through August 1, 1987 — $4.89 per hour; (4) August 2, 1987, through March 31, 1988 —$5.77 per hour. The award of payment for six hours of attendant care per day is supported by competent substantial evidence, and thus is affirmed.
Accordingly, the award of interest on past attendant care services is reversed, and the award of payment at the rate of $6.77 per hour is reversed and remanded with directions to award payment at the rates agreed upon by the parties as supported by the record. In all other respects, the appealed order is affirmed.
WENTWORTH and ALLEN, JJ., concur.
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Citator
Cited By
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S. Bell Tel., Inc. v. Cordell, 693 So. 2d 1012 (Fla. 3d DCA 1997)…ot be assessed on an award for past attendant care services. Baird Mobile Home v. Smith, 579 So. 2d 929 (Fla. 1st DCA 1991); Area Refrigeration & Air Conditioning v. Glazer, 575 So. 2d 332 (Fla. 1st DCA 1991); Mount Sinai Medical Center v. Calleyro, 572 So. 2d 1025 (Fla. 1st DCA 1991); Williams v. Amax Chemical Corp., 543 So. 2d 277 (Fla. 1st DCA 1989). Additionally, this award of interest is different from that ordered by the JCC. In his order the JCC instructed Employer to “pay interest at the rate of 12% pe…
Authorities Cited
- Cameo Hotel & Apts., Ltd. v. Rhoda Morris and Audrey Lewis, 543 So. 2d 277 (Fla. 3d DCA 1989)
- Williams v. Amax Chem. Corp. & Underwriters Adjusting Co., 543 So. 2d 277 (Fla. 1st DCA 1989)
- Everett v. Everett, 561 So. 2d 1267 (Fla. 1st DCA 1990)
- Nurse Finders, Inc. v. Harris, 561 So. 2d 1267 (Fla. 1st DCA 1990)
- Short v. State, 550 So. 2d 177 (Fla. 5th DCA 1989)