Kelly Girardin v. AN Fort Myers Imports, LLC, Gallagher Bassett, DCA#: 22-1485, Decision date: May 08, 2024

The claimant petitioned for attendant care benefits to be paid to her husband. The judge of compensation claimant ordered the employer/carrier to pay him for 30 hours per week at the federal minimum wage. The judge made a generalized finding that services “such as carrying her upstairs for her bathe, qualifies as attendant care under Florida Law.” The judge did not specify which “services” provided by the husband qualify for compensation, and the employer/carrier argued that some services do not qualify.

The First District Court of Appeal agreed with the employer/carrier in this regard and found that the judge erred in its award for non-professional attendant care. The judge could not award compensation for the husband under 440.13(1)(b), Fla. Stat. (2020), “that falls within the scope of household duties and other services normally and gratuitously provided by family members.”

The evidence revealed that much of what the husband was doing around their home are things the claimant did before the accident, such as household chores and taking care of their children. The judge failed to make any specific findings or take steps to ensure that the husband was to be paid only for services that are not “within the scope of household duties and other services normally and gratuitously provided by family members.” For that reason, the First District Court vacated the order and set aside the ruling on the related fees and costs.