Dade County School Board v. Grier
Dade County School Board v. Grier
Opinion of the Court
This appeal arises from an order of the judge of compensation claims (JCC) awarding claimant, Johnnie Grier, her daughters and her boyfriend past and future attendant care benefits. We hold there is competent, substantial evidence to support the JCC’s award of attendant care benefits during claimant’s “crisis periods.” However, we find no competent, substantial evidence to support the award of attendant care during non-crisis periods.
The majority of tasks performed by claimant’s daughters, i.e., cooking and cleaning, are not those going beyond the scope of duties performed gratuitously by a family member. § 440.13(2)(g), Fla.Stat. (1991); Doctors Hospital v. Billings, 591 So.2d 658 (Fla. 1st DCA 1991); Barkett Computer Service v. Santana, 568 So.2d 520 (Fla. 1st DCA 1990); Walt Disney World Co. v. Harrison, 443 So.2d 389 (Fla. 1st DCA 1983). The other tasks performed by claimant’s daughters, although extraordinary in nature, are not compensable in this case because Dr. Jacome did not testify that claimant needed assistance with such tasks. § 440.13(2)(g), Fla.Stat. (1991). Dr. Jacome stated that claimant only needed assistance with housekeeping and driving.
As to Mr. Gerald, he performed tasks such as administering medication, helping claimant to the bathroom, preparing lunch, giving claimant leg and back massages, and retriev
Case-law data current through December 31, 2025. Source: CourtListener bulk data.