CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address deficiencies in the original award for home health care services. The Board found a lack of substantial evidence supporting the necessity and duration of care provided by the deceased worker's wife, Teresita Rodriguez. Crucially, the WCJ failed to specify the basis for the awarded hours and hourly rate, and did not adequately address potential differences in rates over time or periods of hospitalization. The matter was returned to the trial level for further development of the record to determine the actual need for care, the precise number of hours, and appropriate rates, as well as to clarify the defendant's notice of the need for services.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address deficiencies in the original award for home health care services. The Board found a lack of substantial evidence supporting the necessity and duration of care provided by the deceased worker's wife, Teresita Rodriguez. Crucially, the WCJ failed to specify the basis for the awarded hours and hourly rate, and did not adequately address potential differences in rates over time or periods of hospitalization. The matter was returned to the trial level for further development of the record to determine the actual need for care, the precise number of hours, and appropriate rates, as well as to clarify the defendant's notice of the need for services.
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