Jan Walsh vs. Kern Regional Center And State Compensation Insurance Fund

This case is about Jan Walsh, a Nurse Administrator employed by Kern Regional Center, who sustained an injury arising out of and in the course of her employment on April 28, 2000. The parties agreed to a Stipulated Award of December 13, 2001. The State Compensation Insurance Fund (SCIF) sought reconsideration of the November 16, 2009 Findings and Award wherein the WCJ found that applicant required attendant care during medical appointments with her primary care physician. The Appeals Board granted reconsideration to correct two clerical errors in Finding of Fact Number 1 and affirmed the WCJ's decision regarding the award of attendant care for applicant during her medical appointments with her primary care physician.

Kern Regional Center and State Compensation Insurance Fund Jan Walsh WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAN WALSH, Applicant,vs.KERN REGIONAL CENTER and STATE COMPENSATIONINSURANCE FUND, Defendant(s).Case No. ADJ4441491 (BAK 0130953)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Defendant State Compensation Insurance Fund (SCIF) seeks reconsideration of the November 16, 2009 Findings and Award wherein the WCJ found that applicant, while employed on “April 20, 2008,”1 sustained industrial injury to her left knee, left ankle, right hip and back. As relevant here, the WCJ also found that applicant required attendant care during medical appointments with her primary care physician. Applicant’s underlying claim was resolved by an Award based on the parties’ stipulations, which was reopened by applicant’s Petition to Reopen, filed by May 29, 2003.            In its Petition for Reconsideration, SCIF contends that the WCJ erred in awarding attendant care for applicant during her medical apportionments with her primary care physician where the Agreed Medical Evaluator (AME), John Carr, M.D., opined that attendant care was necessary as a convenience to the doctor and his staff, and was not reasonably medically necessary to cure or relieve applicant from the effects of her industrial injury. Defendant argues that attendant care is, therefore, outside the requirements of Labor Code, section 4600. No Answer was found in the Electronic Adjudication Management System (EAMS) or in the file forwarded to us. 1 The correct date of injury is April 28, 2000. ,             We have considered the allegations of defendant’s Petition for Reconsideration and the contents of the record, including the WCJ’s Report and Recommendation on Petition for Reconsideration (Report). Based on our review of the record, and for the reasons stated by the WCJ in his Report, we will grant reconsideration solely to correct two clerical

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