CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded a prior award of 16 hours per day of home health care services. The Board found that while the applicant's need for care was industrially caused, the prior decision improperly granted the award without fully addressing statutory requirements regarding prescriptions and the start date of employer liability. The case is returned to the trial level to determine when the employer's liability for home health care services commenced, considering the requirements of Labor Code section 4600(h) and prior case law. The WCAB emphasized the employer's duty to investigate and provide benefits promptly upon notice of injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a prior award of 16 hours per day of home health care services. The Board found that while the applicant's need for care was industrially caused, the prior decision improperly granted the award without fully addressing statutory requirements regarding prescriptions and the start date of employer liability. The case is returned to the trial level to determine when the employer's liability for home health care services commenced, considering the requirements of Labor Code section 4600(h) and prior case law. The WCAB emphasized the employer's duty to investigate and provide benefits promptly upon notice of injury.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.