PARAVE v. TRI COUNTY SECURITY, INC., 98-2670.

• Citation: 737 So.2d 637
• Decision Date: 29 July 1999
• Docket Number: No. 98-2670.,98-2670.
• Parties: Steven PARAVE, Appellant, v. TRI COUNTY SECURITY, INC. and Humana Workers' Compensation Services, Appellees.
• Court: Court of Appeal of Florida (US)

737 So.2d 637

Steven PARAVE, Appellant, v. TRI COUNTY SECURITY, INC. and Humana Workers' Compensation Services, Appellees.

No. 98-2670.

District Court of Appeal of Florida, First District.

July 29, 1999.

Jeffrey W. Hensley, St. Petersburg, and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for Appellant.

Nancy A. Lauten of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellee.

PER CURIAM.

In the workers' compensation order under review, the claimant was awarded twenty-four hour per day nonprofessional attendant care. He asserts on appeal that the judge of compensation claims erred, however, in ruling that the claimant's fiancee could not be compensated for being on call during the eight hours per night in which he slept. In light of the particular facts of this case, including the claimant's specific needs during his hours of sleep, the judge of compensation claims was justified in finding that the fiancee's activities during these hours did not go beyond her normal household activities, and therefore did not qualify as compensable nonprofessional attendant care. The order is accordingly affirmed.

ALLEN and KAHN, JJ., CONCUR.

JOANOS, J., DISSENTS

WITH WRITTEN OPINION.

JOANOS, J., dissenting.

To me, the case law directs compensation to be paid in this case for twenty-four hour a day "on call" or "surveillance" attendant care provided by claimant's fiancee, where the judge of compensation claims has found that claimant is in need of such care. See Builders Square v. Drake, 557 So.2d 115 (Fla. 1st DCA 1990)

; King Lumber Co. v. Bloomfield, 560 So.2d 389 (Fla. 1st DCA 1990); Collura v. Multi Line Can Company, 598 So.2d 1072 (Fla. 1st DCA 1992).