JCC Denies Post-Surgery Housing Request as Noncompensable Living Expense

In Kevin Gilbert v. Port to Port International/Ascendant Claims Services, OJCC Case No. 25-022213DAL, Judge Daniel A. Lewis addressed whether the employer/carrier had to provide four to six weeks of postoperative housing after accepting a December 5, 2024 right-foot accident and authorizing Dr. Wong's recommended right tibial sesamoidectomy. The claimant testified he was homeless or unstably housed and could not safely proceed with surgery without a stable place to recover.

Dr. Wong supported the request, explaining the claimant should not recover from foot surgery on the street because of infection risk and recommending a hotel or motel room with basic amenities for the recovery period. The carrier's adjuster agreed the foot injury and surgery were accepted and authorized, but denied that Chapter 440 requires the employer/carrier to furnish ordinary shelter.

The JCC denied the housing claim and dismissed the fee claim, holding that basic shelter is a normal living expense already addressed, if at all, through indemnity benefits rather than an awardable medical benefit. Judge Lewis also rejected waiver and hindrance-to-recovery theories, concluding the requested housing was not a compensable medical service or facility uniquely attributable to the work accident.

Source: Compensation Order