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BRAWN v. GLORIA'S COUNTRY INN8/13/1997
[ 1] Gloria Brawn appeals from a decision of the The Board also denied Brawn's petition seeking payment for the services of a part-time personal care assistant who performed housekeeping services in the course of her duties. Because we conclude that, in the circumstances of this case, Brawn is entitled to the full cost of a specially adapted van and reimbursement for the services of the part-time personal care assistant pursuant to section 206, we vacate the decision of the Board.
I.
[ 2] Brawn suffered a compensable injury on October 4, 1987 that rendered her quadriplegic. In addition to quadriplegia, Brawn suffers from low blood pressure that causes dizziness and fainting. She uses a specially adapted wheelchair that weighs 300 lbs. and is not readily transportable in ordinary vehicles. Gloria's Country Inn voluntarily purchased a van in 1989 that was specially adapted to accommodate Brawn's wheelchair and her disability. In 1994 Brawn filed a petition with the Board seeking payment of the cost of a replacement van. The employer has agreed to pay the cost of adapting a van ($18,808), but disputes that it is required to pay for the cost of the van itself ($22,600).
[ 3] Since her injury, Brawn employs two personal care assistants in addition to her husband who also performs the services of a personal care assistant. A part-time assistant works from 8:00 a.m. until noon; the other works from 8:00 a.m. until 2:30 p.m. After the personal care assistants leave in the afternoon, Brawn's husband performs the services of a personal care assistant until morning. The assistants perform a variety of tasks for Brawn, including bathing her, washing her hair, monitoring her blood pressure, taking urine samples, purchasing and administering medications, typing correspondence, taking her shopping and to do other outside errands, wrapping Christmas and birthday gifts, and responding to emergencies, such as frequent fainting or other accidents. All of the personal care assistants perform some housekeeping services, such as the preparation of meals, washing floors and dishes, vacuuming, dusting, and keeping her wheelchair and van clean.
[ 4] The Inn does not dispute that Brawn requires 24-hour care and has voluntarily paid for the services of the personal care assistants, including hourly payment to Brawn's husband in his capacity as a personal care assistant. After our decision in Cote v. Georgia-Pacific Corp., 596 A.2d 1004-05 (Me. 1991), however, the Inn filed a Notice of Controversy with the Board denying liability for the services of the part-time assistant, contending that those services were purely housekeeping and not covered by the Act. In 1994 Brawn filed a petition with the Board requesting reimbursement for the part-time personal care assistant at a rate of $9.00 an hour.
[ 5] The Board granted, in part, Brawn's petition seeking the replacement of her specially adapted van, concluding that the modifications to the van were medically necessary to accommodate the employee's wheelchair. The Board also concluded, however, that the van itself is not a physical aid for purposes of
he evidence indicates that Ms. Brawn has need for two
personal care assistants and, with a person as severely injured
as herself, it is artificial to say that certain of the tasks
[the personal assistants] perform are purely medical and others
are purely housekeeping. Nevertheless, based upon my reading of
Cote [596 A.2d at 1004-05,] the Petition to Fix seeking payment
for housekeeping expenses is denied.
The Board denied Brawn's motion for findings of fact and conclusions of law and we granted her petition for appellate review purs
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