CHERYL D. MILLS, Appellant v. WALDEN-SPARKMAN, INC., and

FLORIDA FARM BUREAU INSURANCE COMPANIES, Appellees

 

No. BJ-60

Court of Appeals of Florida, First District

493 So. 2d 64; 11 Fla. Law W. 1847

 

August 22, 1986, Filed

 

PRIOR HISTORY:

An Appeal from an Order of Deputy Commissioner Louis F. Tidwell.

 

COUNSEL: H. Guy Smith and C. Kenneth Stuart, Jr., of H. Guy Smith, P.A., for

Appellant.

 

Mark A. Glitto of Marlow, Shofi, Smith, Hennen & Smith, P.A., for Appellees.

 

JUDGES: Joanos, J. Wigginton, J., concurs. Smith, L., J., specially concurs

with opinion.

 

OPINIONBY: JOANOS

 

OPINION: [*65] This cause is before us on appeal from a worker's

compensation order denying reimbursement to claimant for transportation costs

incurred in obtaining medical treatment. We reverse. An issue raised is whether

a family member should be reimbursed for wages lost due to absence from work

when providing claimant with transportation to obtain authorized medical

treatment.

 

The facts in this case show that Mills injured her wrist in two industrial

accidents. As a result she was under the care of a surgeon in Gainesville,

Florida, and had to travel 306 miles roundtrip every time she left home for

treatment. According to medical testimony, as a result of her compensable injury

Mills was placed in a cast which precluded her from driving herself in her own

car, for she could not operate the stick shift. Each of the fourteen times Mills

went to Gainesville for treatment, her husband drove her. Each trip to

Gainesville resulted in the loss of a day's wages for Mills' husband. At the

compensation hearing Mills requested $.20 per mile plus $50.00 per day per trip

to cover her husband's lost wages. The deputy commissioner denied the entire

claim for transportation expenses, stating that Mills had not shown that she had

used "the most economical means of transportation available and suitable in the

individual case." In addition, the deputy commissioner held that as to the

mileage claim, the claimant had not previously submitted it. We hold that under

the circumstances of this case it was error to totally deny the claim for

transportation costs.

 

Section 440.13(4), Florida Statutes (1982) [now 440.13(5)] allows

reimbursement for travel expenses to claimants who incur costs when attempting

to receive authorized treatment. That section provides:

An injured employee is entitled, as a part of his remedial treatment, care, and

attendance, to reasonable actual cost of transportation to and from the

 

doctor's office, hospital, or other places of treatment by the most economical

means of transportation available and suitable in the individual case. When the

employee is entitled to such reimbursement for transportation by private

automobile, it shall be presumed, in the absence of proof, that the actual cost

is the amount allowed by the state to employees for official travel.

 

The statute clearly entitles a claimant to reimbursement of "reasonable actual

cost of transportation." Therefore, we remand for an award of transportation

costs to be determined based on the following outlined approach:

 

The claimant is required to first meet her burden of providing evidence that

the mode of transportation taken was reasonable and economical under the

circumstances, taking into consideration the medical condition of the claimant.

The record reflects that Mills met that burden. In this case, Mills apparently

not only suffered a wrist injury which precluded her from operating her car, but

she was suffering from a post operative depression as well, and was advised

against travelling alone by her doctor. The claimant should provide evidence of

the cost of the chosen travel as compared to the costs of other reasonably

available means of transportation. Once the claimant accomplishes this, the

burden [*66] shifts to the employer and carrier to supply evidence that a

more reasonable and economical transportation method exists, of which claimant

could have been aware, but chose not to take advantage of. For example, it was

incumbent upon the employer and carrier in this case to show that if the

claimant could not drive herself, the cost of hiring a chauffeur or a taxi or

some other method to transport her to and from her medical treatments would be

both reasonable and less expensive than the method she chose. After weighing the

evidence provided by both parties, the deputy should make a determination as to

how much the claimant is entitled to reimbursement for travel expenses.

 

Upon remand both parties will be afforded the opportunity to provide evidence

as to the most reasonable and economical means of transportation available to

Mills. We point out that if the most reasonable way to be transported was to

have someone drive her, the amount of the person's lost wages incurred when

acting as a driver for the claimant is not necessarily an appropriate measure

for transportation costs. We do not reimburse for wages lost by family members

who provide attendant care to workers compensation claimants. Rather, we

reimburse for the quantity and quality of attendant care services provided by

family members that go beyond those which would normally be provided on a

gratuitous basis, i.e., where the provider substantially departs from his usual

daily routine to provide such services. Walt Disney World Co. v. Harrison, 443

So.2d 389, 393 (Fla. 1st DCA 1983). In this case, claimant's husband

substantially departed from his usual daily work routine each of the fourteen

days he drove claimant to Gainesville for treatment. If it was the most

reasonable and economical way for someone to drive her, that person should be

paid for their costs. The amount should not necessarily be based upon the amount

of wages lost but should be a reasonable amount for the services rendered if the

wages lost exceed that amount. Unlike attendant care services, reimbursement for

transportation costs are allowed only where they are "actual" costs because of

the requirements of section 440.13(4), Florida Statutes (1982) [now 440.13(5)].

In other words, not only must they be "reasonable" but they must have been

actually incurred. The item in question must have "cost" the claimant or the

person providing the service. Therefore, lost wages can qualify as a

reimbursable cost but only if the manner of travel was the most economical

reasonable way to be transported, the amount was reasonable as to the quality

 

and quantity of services rendered, and the wages were actually lost by the

person providing the transportation.

 

If it was not reasonable to be transported in the manner undertaken by

claimant, claimant should be awarded as much of her actual costs as would have

provided the most economical, suitable transportation available. We further note

that the order determining the transportation costs to be awarded should be

sufficiently detailed so that a reviewing court can be intelligently apprised as

to the rationale of the deputy commissioner in reaching a result. Ellerbee v.

Concorde Roofing Co., 461 So.2d 206 (Fla. 1st DCA 1984). The order on appeal was

not sufficient in setting forth the rationale for the deputy commissioner's

actions as to the transportation costs.

 

Reversed and remanded for proceedings consistent with this opinion.

 

WIGGINTON, J., CONCURS.

 

SMITH, L., J., SPECIALLY CONCURS WITH OPINION.

 

CONCURBY: SMITH

 

CONCUR: SMITH, L., J., specially concurring.

 

I concur in the majority's opinion and decision, except for that portion

holding that lost wages can qualify as a cost of transportation for medical

treatment. Although lost wages may indeed represent a "cost" to the person

providing the transportation, such loss is more in the nature of "damages," not

recoverable by such person in workers' compensation proceedings, [*67]

rather than a "cost" of the transportation services provided.

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