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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior WCJ's decision that barred the applicant's claim for reimbursement for self-procured home health care under res judicata. The WCAB found that the applicant's claims for services rendered between January 2, 2008, and June 5, 2009, had not been previously litigated. Furthermore, the WCAB noted that the prior decision failed to address the applicant's request for additional nursing services as recommended by the treating physician. The matter was returned to the trial level for further proceedings and a new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior WCJ's decision that barred the applicant's claim for reimbursement for self-procured home health care under res judicata. The WCAB found that the applicant's claims for services rendered between January 2, 2008, and June 5, 2009, had not been previously litigated. Furthermore, the WCAB noted that the prior decision failed to address the applicant's request for additional nursing services as recommended by the treating physician. The matter was returned to the trial level for further proceedings and a new decision.
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