Shirley Stuckey, vs. County Of Monterey; Liberty Mutual Insurance Company,

This case is about a worker's compensation dispute between the County of Monterey and Liberty Mutual Insurance Company, Shirley Stuckey. The worker sustained a cumulative injury to her spine and upper extremities, causing 82.25% permanent disability and a need for further medical treatment. The parties utilized Dr. Anderson as the AME in internal medicine to address their dispute regarding medical treatment arising out of applicant's internal medical complaints. Dr. Anderson concluded that the applicant needed home health care, but did not provide any evidence to support his conclusion. The WCJ issued a decision granting the applicant home health care services for 12 hours per day, valued at $104.00 per day. The Appeals Board granted reconsideration and rescinded the decision, returning the matter

COUNTY OF MONTEREY; LIBERTY MUTUAL INSURANCE COMPANY, SHIRLEY STUCKEY, , objective link between applicant’s use of non-steroidal anti-inflammatory medications for her industrial injury and the need for home health care.            We have considered the petition for reconsideration, and we have reviewed the record in this matter. Applicant filed an answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (“Report”), recommending that the petition be denied.            For the reasons discussed below, we will grant reconsideration, rescind the July 27, 2009 Findings and Order, and return the matter to the trial level for further proceedings to develop the record and a new decision by the WCJ.FACTS            As relevant here, applicant sustained cumulative injury to her spine and upper extremities for a period ending October 26, 1995, causing 82.25% permanent disability, and a need for further medical treatment. Applicant’s condition deteriorated, and she had increased complaints. Applicant’s attorney informed defendant that applicant planned to allege her internal complaints as a compensable consequence of the orthopedic claim, because she took Advil and developed kidney problems which led to congestive heart failure in 2004. The parties utilized Dr. Anderson as the AME in internal medicine to address their dispute regarding medical treatment arising out of applicant’s internal medical complaints.            Dr. Anderson issued a report dated October 20, 2008, in which he noted that applicant had “no difficulties with self care or personal hygiene.” (WCAB Ex. W-1, 10/20/08 report, p. 5.) He noted she had problems with hand strength and function due to her carpal tunnel syndrome, and had chronic back pain. Dr. Anderson found that in addition to applicant’s orthopedic complaints,       “She also has hypertensive cardiovascular disease which appears to be related to       the use of nonsteroidal anti-inflammatory medications and other cont

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