Garcia, Ana

Ana Garcia, a front desk associate, sustained a cumulative trauma injury to her lumbar spine requiring a cane to ambulate. After utilization review and independent medical review denied home healthcare requests, the parties at a November 1, 2021 expedited hearing stipulated to submit the issue of the need for homecare to the AME, Dr. Falkinstein, after obtaining in-home assessments. Dr. Falkinstein opined that home care assistance four hours per day, seven days per week for six months was medically reasonable, and the WCJ awarded retroactive homecare on that basis. Defendant petitioned for reconsideration arguing its agreement was limited to specific retroactive periods, not prospective home healthcare. The Board adopted the WCJ's report and denied reconsideration, finding the plain language of the stipulation and joint letter to the AME contradicted defendant's narrowed interpretation.