Reggie Mananquil, vs. Applied Materials And Xl Specialty Insurance Company; Administered By Sedgwick Cms,

Applied Materials And Xl Specialty Insurance Company; Administered By Sedgwick Cms, Reggie Mananquil, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAREGGIE MANANQUIL,Applicant,vs.APPLIED MATERIALS AND XL SPECIALTY INSURANCE COMPANY; Administered By Sedgwick CMS,Defendants.Case Nos. ADJ7129675ADJ6931789ADJ6930948(San Francisco District Office)OPINION AND DECISION AFTER RECONSIDERATION            We granted applicant’s Petition for Reconsideration on April 19, 2016 to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration.            Applicant sought reconsideration of the Findings and Order issued by a workers’ compensation administrative law judge (WCJ) on February 2, 2016. In that Findings and Order, the WCJ found that applicant established by substantial medical evidence that he required home health care, but that he did not meet his burden under Labor Code1 section 5307.8 to establish that the requested home health care services “had not been regularly performed in the same manner and to the same degree prior to the date of injury.” The WCJ also found that applicant, while employed as a chemical process engineer, sustained industrial injury on November 20, 2008 (ADJ6931789), to his bilateral feet; during the period ending September 24, 2009 (ADJ7129675), sustained injury to his bilateral feet and claimed injury to his right hip, left knee, right ankle, psyche, and sleep disorder resulting in sexual dysfunction; and during the period ending April 10, 2009 (ADJ6930948), claimed injury resulting in depression.            Applicant contended that the WCIJ erred in finding that he did not meet his burden of proof under section 5307.8 for home health care, arguing that the WCJ found that home health care services were 1 Unless otherwise stated, all further statutory references are to the Labor Code. , medically necessary, yet denied the services based on an issue that was never raised at trial. Applicant

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