WCPanelIQ
PanelLienGranted in Part

Amjad Hussain — ADJ7841879

AMJAD HUSSAIN, NUZHAT HUSSAIN (Guardian Ad Litem), Applicant vs. STATE OF FLORIDA DEPARTMENT OF REVENUE, Permissibly Self-Insured, administered by YORK RISK SERVICES GROUP, INC., Defendants

ADJ number
ADJ7841879
Decision date
Sep 27, 2022
District office
Anaheim
WCJ
—
Claim administrator
York Risk Services Group, Inc. (administering for State of Florida Department of Revenue, Permissibly Self-Insured)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: head (traumatic brain injury / anoxic encephalopathy), bowel (incontinence), bladder (incontinence), back, bilateral legs including feet, dental, cardiac, vision, psyche, diabetes

LC §5814LC §5813LC §5814.5LC §4603.2LC §4600LC §5502LC §5307.1LC §4603.3LC §4622LC §4603.6CCR §10786CCR §10940

Summary

Applicant Amjad Hussain, a Florida tax auditor catastrophically injured in a 2010 motor vehicle accident, was awarded 100% permanent disability and future medical care. After the defendant unilaterally terminated stipulated agreed case manager Richard Dier and disputed home health care rates, the WCJ found the termination improper, increased the rate paid to applicant's wife for home health care, and awarded Dier the reasonable value of his unpaid invoices. On reconsideration, the WCAB affirmed the F&A and Supplemental F&A with amendments, correcting a clerical credit date (from October 19, 2016 to June 2, 2018), clarifying that the sanctions denial applied only to applicant, deferring lien claimant's section 5813/Rule 10786 sanctions request, and finding that lien claimant is entitled to section 4603.2(b)(2) penalties and interest by operation of law. The matter was returned to the trial level for further proceedings.

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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