CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to affirm the applicant's permanent and total disability award, rescinding only one finding of fact regarding the specific Labor Code section relied upon. The Board agreed that the defendant failed to meet its burden of proof for apportionment, relying on the agreed medical examiner's opinion. Furthermore, the Board upheld the applicant's entitlement to reimbursement for home health services, finding the defendant received adequate notice and failed to evaluate the need for such care as recommended by medical experts. The decision clarifies that reimbursement for home health care is owed from 14 days prior to the employer's receipt of a physician's report recommending such services.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to affirm the applicant's permanent and total disability award, rescinding only one finding of fact regarding the specific Labor Code section relied upon. The Board agreed that the defendant failed to meet its burden of proof for apportionment, relying on the agreed medical examiner's opinion. Furthermore, the Board upheld the applicant's entitlement to reimbursement for home health services, finding the defendant received adequate notice and failed to evaluate the need for such care as recommended by medical experts. The decision clarifies that reimbursement for home health care is owed from 14 days prior to the employer's receipt of a physician's report recommending such services.
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