WCPanelIQ
PanelQMEMed-legalDenied

Segura, Dora

DORA SEGURA, Applicant vs. IN-HOME SUPPORTIVE SERVICES; CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, legally uninsured, administered by INTERCARE HOLDING SERVICES, INC., Defendants

ADJ number
ADJ8522553
Decision date
May 20, 2024
District office
San Francisco
WCJ
Lawrence A. Keller
Claim administrator
Intercare Holding Services, Inc.
Commissioners
—

Injury / body parts: back, right shoulder, right wrist, psyche, excretory system, incontinence

LC §4600LC §4603.2LC §4628LC §4658LC §3202.5LC §5705LC §5952LC §5307.1LC §5307.8

Summary

Applicant Dora Segura, a former in-home caregiver, sustained an industrial injury in 2011 affecting her back, right shoulder, right wrist, psyche, and excretory system, leaving her wheelchair-bound and later bedbound. The WCJ awarded her $20,070.00 in reimbursement for home health care services she paid for during two periods (September 1, 2022 through November 1, 2022, and January 1, 2023 through January 11, 2023) after defendant abruptly ceased providing authorized home health care. Defendant petitioned for reconsideration, arguing applicant failed to satisfy the itemization requirements of Labor Code section 4603.2(b)(1). The WCJ found that the 'caregiver notes' in Applicant's Exhibit 38, combined with applicant's persuasive and unrebutted testimony, satisfied the itemization requirement, particularly given the parties' stipulation to the need for home health care. The WCAB adopted and incorporated the WCJ's Report and Opinion, gave great weight to the WCJ's credibility determination under Garza, and denied reconsideration.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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