Home/Case Law/ESPERANZA LUCIA MELENDEZ vs. KELLERMEYER BUILDING SERVICES LLC, ZURICH AMERICA INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.
Regular DecisionWorkers' Compensation

ESPERANZA LUCIA MELENDEZ vs. KELLERMEYER BUILDING SERVICES LLC, ZURICH AMERICA INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

Filed: Oct 23, 2014
ADJ2126841 (LAO 0848423)

CompFox AI Summary

The Board reconsidered a WCJ's award of home health care for an applicant injured in 2004, finding the defendants' arguments regarding IMR and authorization rules inapplicable due to the injury date. While affirming the need for home health care supported by medical opinions, the Board remanded the case to determine the specific scope and amount of such services, distinguishing them from non-industrial conditions. The Board reversed the WCJ's finding that the applicant's right ankle injury was industrially related due to a lack of substantial medical evidence and applicant testimony. Therefore, the award is affirmed in part, with the home health care scope deferred and the ankle injury deemed non-industrial.

Full Decision Text1 Pages

The Board reconsidered a WCJ's award of home health care for an applicant injured in 2004, finding the defendants' arguments regarding IMR and authorization rules inapplicable due to the injury date. While affirming the need for home health care supported by medical opinions, the Board remanded the case to determine the specific scope and amount of such services, distinguishing them from non-industrial conditions. The Board reversed the WCJ's finding that the applicant's right ankle injury was industrially related due to a lack of substantial medical evidence and applicant testimony. Therefore, the award is affirmed in part, with the home health care scope deferred and the ankle injury deemed non-industrial.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

ESPERANZA LUCIA MELENDEZ vs. KELLERMEYER BUILDING SERVICES LLC, ZURICH AMERICA INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC. (2014) – | CompFox