What the panel ordered
The Findings and Order issued on May 14, 2024, are rescinded and the matter is returned to the WCJ to consider the Compromise and Release and for further proceedings as deemed appropriate.
Petition for Reconsideration of the Findings of Fact and Order issued by the WCJ on May 14, 2024, was filed by Applicant; the WCJ had found home health care services reasonable and necessary for a limited period but not ongoing; the WCAB issued an interim order granting the petition and encouraged mediation; parties reached a settlement and the matter was returned to the WCJ for review of the Compromise and Release.
This docket was decided more than once. Shown here is the latest released decision; we also hold July 22, 2024.
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.
The WCJ found home health care services reasonable and necessary for a limited period but not ongoing; the petitioner contested the limitation and cited Patterson to argue the burden of proof lies with the defendant to show services are no longer required; the WCAB did not rule on the merits but returned the matter for settlement review.