Following our grant of their application for discretionary appeal, Medical Office Management and Southern Trust Insurance Co. collectively, the “employer” appeal from the superior court’s order affirming in part and reversing in part the award of the Appellate Division of the Workers’ Compensation Board. The employer contends that the appellate division’s award for attendant care services rendered to the employee by her husband was contrary to the law and unsupported by the evidence and that the superior court erred in finding otherwise. The employer also claims that the superior court erred in affirming the appellate division’s award of fees to the employee’s attorney and in substituting its finding of fact for that of the appellate division as to the amount of the award. For the reasons set forth below, we affirm the superior court’s order to the extent that it affirms the appellate division’s award for attendant care services and attorney fees. We reverse that portion of the superior court’s order finding that the appellate division was required to believe the testimony of Hardee’s attorney as to the reasonable value of his fees and directing the employer to pay the attorney $12,500. When reviewing awards in workers’ compensation cases, both the appellate court and the superior court must construe the evidence in the light most favorable to the party prevailing before the appellate division of the State Board of Workers’ Compensation. It is axiomatic that the findings of the State Board of Workers’ Compensation, when supported by any evidence, are conclusive and binding.1 So viewed, the record shows that the employee, Peggy Hardee, was struck in the head with a cash box during a robbery. Afterwards, she had significant memory problems which caused her, among other things, to forget to turn off electrical appliances such as the stove, and she would often became dizzy and fall. Due to Hardee’s continued mishaps related to her poor memory and vertigo, two medical doctors and a clinical psychologist recommended she receive as workers’ compensation benefits eight hours a day of attendant care services, stating that the services were a medical necessity. One of the medical doctors subsequently requested that in light of Hardee’s recurring falls and “cognitive impairment from her brain injury,” she receive 16 hours a day of attendant care services. After her injury, Hardee’s retired husband, Lewis Earl Hardee, provided continuing care for Hardee. Because of her vertigo and tendency to fall, Lewis would stay with Hardee “most of the time,” and he would hold on to her “when we’re walking anywhere.” Lewis would check behind Hardee regularly to make sure that “things were unplugged and turned off.” Lewis testified that he did not provide services to his wife because he expected to be paid, but because he loved his wife.
At Hardee’s request, a hearing was held before an administrative law judge “ALJ” to determine if the employer was required to provide Hardee with the services of a professional attendant care agency, if Lewis was entitled to be reimbursed for attendant care he provided to Hardee, and if the employer was liable for attorney fees. The ALJ concluded that Lewis was not entitled to reimbursement for the care he gave Hardee, but that she was entitled to eight hours per day, seven days a week, of direct physical attendant care. The ALJ denied Hardee’s request for attorney fees.
