SECTION NEWS AND CASES
Workersʼ Compensation Section ����������������������������������������������������������������������������������� ��������������������������������������������� ��������������������������������
This section thanks the Judges of Compensation Claims in Tampa and St. Petersburg for their presentation on recent amendments to the Florida Circuit Civil Rules of Procedure and their interplay with practice and procedure in worker’ s compensation cases. The presentation was held in a hybrid manner through the Hillsborough County Bar Association with some Judges and attorneys live in person and other Judges and attorneys participating remotely, to serve the Judges and practicing attorneys in our expanded districts. It was a very informative session on topics our membership had expressed great interest in( photos of CLE luncheon on page 63).
This summer, we will be evaluating a recent rule where CMS indicates that zero-allocation Medicare Set Asides will no longer be reviewed after July 25, 2025. We will also be reviewing the effect( if any) of House Bill 1069, which was in committee at the time this article was submitted for publication and which proposes major changes to the workers compensation act.
On another topic, a recent case that will be of interest to Section members focused on attendant care in Girardin v. AN Ft. Myers Imports, No. 1D21-3405,( August 10, 2022). A woman with a husband and
children was severely disabled by a work injury causing complex regional pain syndrome. After a hearing, the Judge of Compensation Claims denied the claim for attendant care on the basis that the prescription for attendant care was not specific enough. The claimant had presented testimony from a nurse that attendant care was needed for 12 hours per day and seven days per week( a total of 84 hours), and the authorized, treating doctor said that he did not know anything about attendant care, but that he would defer to the home health evaluation. The First District Court of Appeal reversed and remanded, holding that the Employer / Carrier had a duty to“ monitor the claimant’ s injuries and provide needed benefits,” and not“ attempt to hide behind a wall of willful ignorance.”
After remand, the Judge of Compensation Claims awarded 30 hours of attenda nt care per week to be paid to the husband. The Employer / Carrier appealed, and the First District Court of Appeal set aside the award and sent the case back for further proceedings. The Judge of Compensation Claims held that generally what
CMS indicates that zero-allocation Medicare Set Asides will no longer be reviewed after July 25, 2025.
the husband was doing for the wife, such as carrying her upstairs to bathe, qualifies as attendant care under Florida law. However, the First District examined the record below. The testimony indicated that while there was testimony of the number of hours for carrying the wife upstairs to bathe and driving her to doctor’ s appointments, many of the things the husband did were taking care of the house, such as“ cooking, cleaning, vacuuming, mopping, laundry and taking care of the kids.” The First District held that the Judge was not permitted to award compensation for“ nonprofessional attendant care … that falls within the scope of household duties and other services normally and gratuitously provided by family members.” Girardin v. AN Fort Myers Imports, No. 1D2022-1485( Fla. 1 DCA, Feb. 19, 2025). The award was set aside, and the case was sent back for the Judge to make specific findings of the hours to be awarded and the purpose of the hours awarded. �
Author: Anthony V. Cortese – Anthony V. Cortese, Attorney at Law
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