CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded a previous award of 24-hour home health care services due to new legislation (Labor Code §§ 4600(h), 4603.2(b)(1), 5307.8) and a new en banc decision (Neri Hernandez). The Board found that while evidence supported the need for home health care, the application of these new sections, particularly regarding the prescription and receipt of services, required further development of the record. Therefore, the case was remanded to the Workers' Compensation Judge for further proceedings consistent with the opinion, allowing the parties to address these new legal requirements.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a previous award of 24-hour home health care services due to new legislation (Labor Code §§ 4600(h), 4603.2(b)(1), 5307.8) and a new en banc decision (Neri Hernandez). The Board found that while evidence supported the need for home health care, the application of these new sections, particularly regarding the prescription and receipt of services, required further development of the record. Therefore, the case was remanded to the Workers' Compensation Judge for further proceedings consistent with the opinion, allowing the parties to address these new legal requirements.
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