Case Law Update February 2025

Girardin v. An Ft. Myers Imps., LLC, 50 Fla. L. Weekly D426 (Fla. 1st DCA February 19, 2025)

The underlying case involved the JCC’s order denying the claimant’s request for home modification and awarding attendant care from November 3, 2021, through the date of the Final Hearing, March 31, 2022. The claimant’s husband was allegedly providing attendant care services and the JCC ordered that the claimant’s husband be paid the Federal Minimum Wage for 30 hours per week. The JCC’s award was decided on generalized findings of what the husband did for the claimant “such as carrying her upstairs to bathe”. However, the JCC did not specify which “services” qualified for compensation. The parties filed motions for clarification and rehearing and the original order was set aside.

The DCA found that the JCC erred in its award, as an order for nonprofessional attendant care cannot be awarded for services that fall within “the scope of household duties and other services normally and gratuitously provided by family members.” The DCA clarified that the JCC failed to make any findings that the husband was to be paid only for services that are not within the scope of household duties. Therefore, the award for nonattendant care was vacated. Click here to view Opinion