South Coast Const. Co. v. Chizauskas

• Decision Date: 03 March 1965
• Docket Number: No. 33543,33543
• Citation: 172 So.2d 442
• Parties: SOUTH COAST CONSTRUCTION COMPANY and Bituminous Casualty Corporation, Petitioners, v. Josie CHIZAUSKAS and the Florida Industrial Commission, Respondents.
• Court: Florida Supreme Court

Page 442

172 So.2d 442

SOUTH COAST CONSTRUCTION COMPANY and Bituminous Casualty Corporation, Petitioners, v. Josie CHIZAUSKAS and the Florida Industrial Commission, Respondents.

No. 33543.

Supreme Court of Florida.

March 3, 1965.

Eugene E. Williams, Miami, for petitioners.

Alfred Gustinger, Jr., and Kenneth L. Ryskamp, Miami, Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for respondents.

O'CONNELL, Justice.

Because of the combined effect of a detached retina of the right eye suffered in the admittedly compensable accident here involved and a previous loss of sight in the left eye the respondent-claimant, Josie Chizauskas, was accepted by the employer-carrier as being totally disabled.

On petition of the claimant the deputy among other things ordered that the employer-carrier pay to claimant's husband the sum of $20.00 per week for services furnished by him to the claimant. The employer-carrier seeks quashal of this award to claimant's husband.

As the basis for this award to claimant's husband the deputy stated that:

'* * * In arriving at a determination of Alex Chizauskas' entitlement to an award for nursing services, it is my finding, based upon all of the evidence presented, including the testimony of Josie Chizauskas, Alex Chizauskas, and Dr. Victor Curtin, the claimant's attending and operating physician, that the claimant is not taking any type of medications or drugs; that she is able to dress herself; go to the bathroom inassisted; and in general move about her house without the supervision of an attendant; that the claimant is not now receiving, nor is she in need of, special medical care or attendance by a registered nurse. I do find, however, based upon all of the evidence presented to me on this point, including the advanced age of the claimant, 71 years of age, that the claimant is unable to perform the duties customarily done by a housewife, because of her physical condition, and that she is therefore in the interest of safety and good health practice, in the need of a practical nurse in the nature of a housekeeper or maid to perform such tasks as cooking, washing, cleaning the house, washing clothes, ironing, etc. As these duties are presently being performed by the claimant's husband, it is my finding that the reasonable value of the services performed by Mr. Alex Chizauskas is $20.00 per week. * * *'

On review the Full Commission reversed the award to the claimant's husband apparently on the ground that the services found by the deputy to be rendered by the husband were not of the kind required to be furnished by the employer under Section 440.13, F.S.A.

As to this issue the Full Commission remanded the cause to the deputy with directions that he '*...