What the panel ordered
WCAB rescinded the prior Findings of Fact and Order and substituted findings that defendant failed to demonstrate a change in circumstances or condition to discontinue home healthcare services; defendant ordered to pay home healthcare provider Myra Shaw; matter returned to trial level for further proceedings
Petition for Reconsideration granted to study factual and legal issues; WCJ Findings of Fact and Order rescinded and substituted by WCAB decision after reconsideration
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Medical treatment / UR / IMRApplicant prevailedcervical spine · lumbar spine · bilateral legs · bilateral knees · bilateral feet · bilateral lower extremities · psyche · neuro · stroke · HTN · diabetes
From the decision · page 7It is well-settled that home health care is an appropriate benefit under section 4600, and that home health care services need not be provided by a nursing professional to be compensable. (Henson v. Workers' Comp. Appeals Bd. (1972) 27 Cal.App.3d 452 (awarding compensation to wife of injured worker who provided home healthcare to injured worker); Smyers v. Workers' Comp. Appeals Bd. (1984) 157 Cal.App.3d 36, 42 (housekeeping services reimbursable where they are "necessary and reasonable in order to allow the injured worker to fully comply with the treatment prescribed by [the applicant's] physician"); Hodgman v. Workers' Comp. Appeals Bd. (2007) 155 Cal.App.4th 44, 65 (care provided by mother of injured worker found reimbursable).)