Helen Bough vs. Dana Manchester, DDS: Case Summary

In this case, Dana L. Manchester, DDS. and the State Compensation Insurance Fund are appealing a decision by a workers' compensation administrative law judge that found Helen Bough, the applicant, was entitled to 20 hours per week of in-home care from August 18, 2008 to March 19, 2009, and 29.3 hours per week from March 19, 2009 to the present and continuing, as well as payment and reimbursement for housekeeping services provided by family members. The Appeals Board granted the petition for reconsideration and amended the decision to require documentation of the actual provision of in-home care and housekeeping services in order for reimbursement to be granted.

Dana L. Manchester, DDS.; State Compensation Insurance Fund Helen Bough WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHELEN BOUGH, Applicant,vs.DANA L. MANCHESTER, DDS.; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ4305719 (GOL 0094595)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISIONAFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on March 9, 2010. In that decision, the WCJ found that applicant was entitled to 20 hours per week of in-home care from August 18, 2008 to March 19, 2009, and 29.3 hours per week from March 19, 2009 to the present and continuing. The WCJ also found that applicant was entitled to payment and reimbursement for housekeeping services which were provided by family members. Applicant’s underlying claim is for cumulative injury from August 29, 2001 through August 29, 2002 to her bilateral upper extremities, to her psyche (as a compensable consequence), and in the form of reflex sympathetic dystrophy.            Defendant contends that the WCJ erred in awarding applicant specified hours per week for attendant home care/housekeeping where there is no substantial evidence that applicant actually received 20 hours per week before March 19, 2009 or 29.3 hours per week after March 19, 2009. Defendant argues that it is liable for reasonable expenses actually incurred by applicant for medical treatment pursuant to Labor Code section 4600, subdivision (a) and that no proof has been submitted as to the amount of services provided. Applicant filed an Answer.            We have considered the allegations of defendant’s Petition for Reconsideration, , applicant’s Answer and the contents of the record, including the WCJ’s “Report on Reconsideration” (Report). Based on our review of the record, and for the reasons stated herein, we will grant reconsideration.            The issue on reconsideration in this matt

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