What the panel ordered
Petition for Reconsideration denied; WCJ's decision allowing applicant's spouse to provide overnight home healthcare services upheld.
Petition for Reconsideration filed by defendant challenging WCJ's decision allowing applicant's spouse to provide overnight home healthcare; WCJ's report and opinion adopted by Appeals Board denying reconsideration.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Medical treatment / UR / IMRApplicant prevailedovernight home healthcare
The WCJ found credible evidence that applicant's spouse has been providing appropriate overnight care since March 2023 and is capable of continuing to do so; the Appeals Board adopted the WCJ's findings and denied reconsideration.
From the decision · page 2The WCJ's Findings and Order (F&O) finds that "[a]pplicant has demonstrated his spouse is capable of providing overnight attendant care." (F&O, Finding of Fact No. 2.) The WCJ's Opinion on Decision reviews the medical and testimonial evidence, and notes that applicant's spouse has provided both primary and secondary support to applicant since applicant returned home from the hospital in March, 2023. (Opinion on Decision, at p. 4.) Applicant's spouse currently provides assistance with applicant's activities of daily living (ADLs) from early in the morning until the caregiver arrives at 7:00AM. During the day, applicant's spouse provides