Sanchez Mancilla, Isaias

Applicant Isaias Sanchez Mancilla, a truck driver injured on July 16, 2021, sought reconsideration of a November 17, 2023 Findings of Fact that found he was not entitled to continued home health care or LVN treatment after expiration of a 90-day period set forth in a January 3, 2023 Stipulation that primarily resolved a home modifications dispute for $100,000. The WCJ had concluded that defendant did not need to show a change in applicant's condition under Patterson v. The Oaks Farm to terminate the care, and that defendant was not required to comply with Labor Code section 4610(i)(4)(C) or AD Rule 9792.9.1(e)(6). The Board granted reconsideration, finding the WCJ misconstrued the Stipulation—which set a 90-day limit only for home care but an indeterminate period for LVN care—and that the record failed to show how, if at all, the treatments were requested, investigated, or authorized. The Board rescinded the Findings of Fact and returned the matter to the trial level to develop the record on whether the treatments were communicated to and authorized by defendant (triggering Patterson's burden) or merely a tangential settlement consideration bound by the time limitation.