Sevillano, Peter

Defendant National Interstate Insurance, the carrier for LMS Transport, petitioned for reconsideration of a March 9, 2022 WCJ decision that found applicant Peter Sevillano entitled to home health care in the form of LVN-level care and certified nurse's assistant care for 12 hours per day, 7 days per week. Defendant argued the WCJ erred because a subsequent RFA by Dr. Wogensen superseded the initial RFA by Dr. Miller. After the Board granted reconsideration and held a commissioners' settlement conference, the parties agreed to resolve the matter via Compromise and Release as to all issues. Because the District Office is precluded from acting on a case pending reconsideration under CCR section 10961, the Board rescinded the March 9, 2022 decision and returned the matter to the WCJ to consider the C&R. The Board emphasized its decision was not a ruling on the merits.