Rudy Santos vs. Ganahl Lumber; Ciga By Its Servicing Facility, Intercare Insurance Services For Great State Insurance, In Liquidation

In this case, Rudy Santos was injured in an industrial accident and was awarded a Stipulated Award in October 2005. The issue of reimbursement for home healthcare and durable medical equipment proceeded to trial in 2008 and the Workers' Compensation Appeals Board issued a Findings and Order in November 2012. The defendant sought reconsideration of the decision, arguing that the WCJ's decision was not supported by substantial evidence. The WCJ granted reconsideration and rescinded the Findings and Order, returning the matter to the WCJ to further develop the record.

Ganahl Lumber; Ciga by its servicing facility, Intercare Insurance Services for Great State Insurance, in liquidation Rudy Santos WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARUDY SANTOS, Applicant,vs.GANAHL LUMBER; CIGA by its servicing facility, INTERCARE INSURANCE SERVICES for GREAT STATE INSURANCE, in liquidation, Defendants.Case Nos. ADJ3339563 (ANA 0308999) ADJ1404051 (ANA 0338860)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the November 3, 2012 Findings and Order. In that decision, the workers’ compensation administrative law judge (WCJ) ordered that defendant pay applicant’s wife $11,412.00 for the home health care that she provided to applicant. Defendant contends that the WCJ erred in finding that applicant’s wife is entitled to reimbursement of home health care costs, arguing, in essence, that the WCJ’s decision was not supported by substantial evidence.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration noting that defendant’s Petition was not verified and recommending that we deny reconsideration. Defendant filed a supplemental petition pursuant to California Code of Regulations, Title 8, section 10848 requesting leave to file a verification to its Petition for Reconsideration. We accept defendant’s supplemental petition.            For the reasons discussed below, we will grant reconsideration, rescind the Findings and Order, and return this matter to the WCJ to further develop the record.            Applicant sustained industrial injuries to his back, left shoulder, right leg, internal systems, and psyche on October 4, 1996 and cumulatively through October 4, 1996. On October 25, 2005, the cases were resolved by Stipulated Award. ,             After applicant’s attorney filed a

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