Home/Case Law/SILVIA ZUCCHI PAZ vs. STATE OF CALIFORNIA, TINCO SHEET METAL, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

SILVIA ZUCCHI PAZ vs. STATE OF CALIFORNIA, TINCO SHEET METAL, STATE COMPENSATION INSURANCE FUND

Filed: Dec 17, 2020
Van Nuys
ADJ4622929 (VNO0500653)

CompFox AI Summary

The Appeals Board rescinded a WCJ's decision denying home health care, finding that a 2015 stipulation obligating the defendant to provide "homecare" without a duration limit was binding. While subsequent agreements addressed retroactive payments, they did not resolve ongoing home care entitlement. The Board determined this open-ended stipulation means the defendant bears the burden to prove home care is no longer medically necessary before termination, remanding for further proceedings. A dissenting opinion argued that the matter should be subject to utilization review and independent medical review as per legislative intent.

Full Decision Text1 Pages

The Appeals Board rescinded a WCJ's decision denying home health care, finding that a 2015 stipulation obligating the defendant to provide "homecare" without a duration limit was binding. While subsequent agreements addressed retroactive payments, they did not resolve ongoing home care entitlement. The Board determined this open-ended stipulation means the defendant bears the burden to prove home care is no longer medically necessary before termination, remanding for further proceedings. A dissenting opinion argued that the matter should be subject to utilization review and independent medical review as per legislative intent.

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