Winn Dixie Stores, Inc. v. Frank

DAVIS, Judge.

In this case Winn Dixie Stores and Crawford & Company, employer and carrier respectively, appeal an emergency order awarding Karen Frank, the claimant, 24-hour a day attendant care. As the JCC’s order acknowledges, and the claimant argues, her emergency petition for an award of attendant care benefits was a new claim based upon her current need. See Caron v. Systematic Air Services, 576 So.2d 372 (Fla. 1st DCA 1991). Therefore, the claimant had the burden of proving that she was entitled to the care because it was medically necessary. See Jackson Manor Nursing Home v. Ortiz, 606…