WCPanelIQ
PanelLienRemanded

Minnie Byrd — ADJ10857876, ADJ10857882

MINNIE BYRD, Applicant vs. CITY OF LOS ANGELES, Permissibly Self-Insured, Defendant

ADJ number
ADJ10857876, ADJ10857882
Decision date
Mar 5, 2023
District office
Van Nuys
WCJ
Dean Stringfellow
Claim administrator
City of Los Angeles, Permissibly Self-Insured
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, bilateral legs, bilateral knees, bilateral feet, bilateral lower extremities, psyche, neuro, stroke, hypertension, diabetes

LC §4600

Summary

Applicant Minnie Byrd, a former crossing guard for the City of Los Angeles, was receiving UR-authorized home healthcare services provided by her daughter Myra Shaw and caregiver Jadon (Da'Jon) Armstrong for assistance with activities of daily living. In March 2022, defendant unilaterally replaced these providers by switching to a new agency, Comfort Care, sending an unfamiliar caregiver to applicant's home without notice. The WCJ found applicant was entitled to choose her home healthcare providers and ordered defendant to pay Ms. Shaw; defendant sought reconsideration. The Board rescinded the F&O and substituted findings that defendant failed to meet its burden of demonstrating a change in circumstances or condition showing the services were no longer reasonably required to cure or relieve under Patterson v. The Oaks Farm. The Board ordered defendant to forthwith pay Ms. Shaw and overruled defendant's objection to exhibits 12 and 13, returning the matter to trial level.

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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