Tracy v. Scherwitzky Gutter Co.

Summary

The Connecticut Supreme Court held that nonmedical, guardian-type home care provided by family members to a workers’ compensation claimant was not compensable under General Statutes § 31-294d. The court concluded that the care did not constitute nursing service, medical aid, or medical rehabilitation services and was not provided under the direction or with the consent of a physician. The court affirmed the decision of the Workers’ Compensation Review Board.

Holdings

1. Purely nonmedical home care, including monitoring, reminders concerning hygiene and daily activities, and providing a calming presence, is not compensable under § 31-294d as nursing service, medical aid, or medical rehabilitation services. The caregiver's certification as a nurse's aide does not change the nature of nonmedical care.
2. Home convalescent care provided by a family member is compensable only when it is rendered in accordance with the consent and direction of the physician in charge, and the Tracys' care did not satisfy that requirement.

Questions Presented

1. Whether nonmedical home convalescent care provided by a claimant's family members is compensable as nursing service, medical aid, or medical rehabilitation services under General Statutes § 31-294d.
2. Whether the family members' care was rendered with the consent and direction of an attending physician and was therefore compensable under the rule stated in Galway v. Doody Steel Erecting Co.

Disposition

affirmed