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Jorge Perez vs. Tk Systems, Inc.; Insurance Company Of The West

Tk Systems, Inc.; Insurance Company Of The West Jorge Perez WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJORGE PEREZ, Applicant,vs.TK SYSTEMS, INC.; INSURANCE COMPANY OF THE WEST, DefendantsCase No. AD 6745689OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the June 9, 2010 Findings, Award and Order of the workers’ compensation administrative law judge (WCJ), who found that the reasonable value of the attendant care being provided by applicant’s siblings is $508.00 per day. Previously, the parties stipulated that the applicant sustained an industrial injury’ on December 17,2008 and that applicant requires 24 hour attendant care as a result of his injuries.            Defendant contends that the WCJ erred in finding liability for attendant care services based on reasonable value rather than cost. Defendant also contends that there is no substantial evidence to award attendant care for any amount exceeding SI70.00 per day.            The applicant filed an answer and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report). For the reasons discussed below, we will grant reconsideration, rescind the June 9, 2010 Findings, Award and Order, and return this matter to the trial level for further proceedings and a new decision.            According to the Summary of Evidence, Maria Pedroza, applicant’s sister, testified that she and her siblings care for the applicant 24 hours a day. (March 22, 2010 Minutes of Hearing and Summary of Evidence, p. 2.) She also testified that she administers medication six times a day by placing the pills in soft food and feeding the applicant with a spoon. (Id., p. 3.) , Cynthia Gallina licensed registered nurse, testified that a “LVN” is the lowest level of licensed person who is allowed to administer medication and that her agency would charge S60 per hour for an LVN. (Id. at pp. 4-5.)            After the trial, defendant was

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