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The Workers' Compensation Appeals Board (WCAB) rescinded a prior Finding and Order disallowing a spouse's lien for home health care services. The Board remanded the case for further proceedings, finding that newly enacted Labor Code section 4600(h) and the Board's decision in Neri Hernandez applied to the applicant's claim. The WCAB determined that Dr. Kanter's opinion did not retroactively establish the need for home health care prior to July 22, 2011, but the record needed further development regarding whether a physician's prescription for services was received.
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The Workers' Compensation Appeals Board (WCAB) rescinded a prior Finding and Order disallowing a spouse's lien for home health care services. The Board remanded the case for further proceedings, finding that newly enacted Labor Code section 4600(h) and the Board's decision in Neri Hernandez applied to the applicant's claim. The WCAB determined that Dr. Kanter's opinion did not retroactively establish the need for home health care prior to July 22, 2011, but the record needed further development regarding whether a physician's prescription for services was received.
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