Cases

In accordance with the provisions of Section 440.13(2)(b), Florida Statutes (2004), attendant care is compensable only if it is provided after the employer/carrier receives a written prescription for such care. The statute requires the prescription to be reduced to writing in order to be compensable. An exception to this rule is where the employer/carrier is guilty of "willful ignorance" in not making itself aware of the need for attendant care.

 

In this case, the JCC found that the employer/carrier failed to adequately monitor the claimant’s need for benefits and attempted to hide behind a “wall of willful ignorance” in making a determination as to whether the claimant needed attendant care. On appeal, the court agreed with this determination. The employer/carrier advised the treating physician regarding workers’ compensation billing information but failed to inform him of the statutory requirement of a written prescription for attendant care. The employer/carrier also never informed the claimant’s wife of the need for a written prescription for attendant care even though the adjuster had many conversations with the claimant’s wife. The court rejected the employer/carrier’s argument that the statutory requirement of a written prescription for attendant care absolves the employer/carrier of any duty to inform a doctor or employee of the statutory requirement of a written prescription.

 

The JCC awarded attendant care based on a reason that was rejected by the appellate court. However, if a trial court reaches the right result but for the wrong reason(s), the decision of the trial court will be upheld if there is any basis to support the judgment.