Warren Trucking Co. v. Chandler
In Warren Trucking Co. v. Chandler, 221 Va. 1108, 277 S.E.2d 488, 493 (Va. 1981), the claimant suffered injuries to his head and neck as a result of an industrial accident. 277 S.E.2d at 489.
After the accident, the claimant had a series of dizzy spells and frequently blacked out, which forced him to remain home under his wife's care. Id. at 490-91.
The claimant requested compensation for the attendant care provided to him by his wife, which consisted of "bathing, shaving, feeding, assistance in walking, help with braces, aid upon falling, driving and administering routine medication." Id. at 489, 494.
The Virginia Supreme Court, in reversing the compensation award, held that such services were "not beyond the scope of normal household duties." Id. at 494. Nor were the services "of the type usually rendered only by trained attendants." Id. The Virginia Supreme Court held that attendant care was not compensable unless it was medical in nature, that is, it had to be provided by someone with a medical background or subject to the direction and control of a physician. 277 S.E.2d at 493.