In an earlier attendant-care case, we noted that section 440.28 allows either of the parties, and the JCC, to seek modification of an order due to a change in condition. Adams Bldg. Materials, Inc. v. Brooks , 892 So.2d 527, 530 (Fla. 1st DCA 2004) ; see alsoHardrives of Delray v. Stimely , 670 So.2d 108, 110 (Fla. 1st DCA 1996) (noting that section 440.28 allows petitions for modifications for a change in claimant's condition or mistake in fact determined in earlier order). We approve the E/C's resort to section 440.28 to seek modification of a previous medical benefit awarded, based upon an alleged change in the Claimant's medical condition.
See Bronson's Inc. v. Mann, 70 So.3d 637, 641 (Fla. 1st DCA 2011). Mr. Jones had the burden of proving the quantity, quality, and duration of the attendant care. See Adams Bldg. Materials, Inc., v. Brooks, 892 So.2d 527, 530 (Fla. 1st DCA 2004) (citing Orange Cnty. Sheriff's Dep't v. Perez, 541 So.2d 652, 654 (Fla. 1st DCA 1989) (holding claimant has burden to prove “the quantity, quality and duration of attendant services claimed”)). Based on Mrs. Jones's testimony, the JCC found that Mr. Jones has anxiety attacks, without warning, two or three times a week, and sometimes more frequently.
Dr. Sharfman's "prescription" was not specific, and Pennachio's testimony is not competent to establish medical necessity. See Adams Bldg. Materials, Inc. v. Brooks, 892 So.2d 527, 529-530 (Fla. 1st DCA 2004) (reversing attendant care award of 12 hours per day where vocational expert testified it was necessary, but physician did not). Accordingly, the award of attendant care must be reversed.