WCPanelIQ
PanelGranted

Erlinda Cantillo — ADJ12704660

ERLINDA CANTILLO, Applicant vs. AMAZON.COM, INC.; AMERICAN ZURICH INSURANCE COMPANY, administered by SEDGWICK CMS, Defendants

ADJ number
ADJ12704660
Decision date
Jun 12, 2022
District office
Riverside District Office
WCJ
—
Claim administrator
Sedgwick CMS (administering for American Zurich Insurance Company)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: lumbar spine, left knee, right knee, cervical spine, mid back, right shoulder, left shoulder, right elbow, left elbow, right wrist and hand, left wrist and hand, right foot, left foot, head/brain (cephalgia/contusion with cognitive impairment)

LC §4610.5LC §4610.6LC §139.5

Summary

Applicant Erlinda Cantillo sought reconsideration of a WCJ's Findings and Order upholding an IMR determination that denied home healthcare (4 hours/day, 4 days/week for 3 months) requested by her primary treating physician Dr. Ahmed. The IMR reviewer applied the MTUS Initial Approaches to Treatment Guidelines (2017) and denied the request, despite acknowledging that applicant had 'severe difficulty' with activities of daily living and ambulated with a walker. The Board found the IMR reviewer applied the MTUS in a plainly erroneous manner under Labor Code section 4610.6(h)(5), because the guidelines recommend home healthcare precisely to overcome ADL deficits and when patients require ambulatory devices, and the reviewer failed to explain how the evidence fell outside the MTUS. The Board also found the reviewer erred in treating the absence of a home evaluation as a separate basis for denial, since the MTUS does not require a home evaluation as a precondition for recommending home healthcare. The Board granted reconsideration, rescinded the F&O, and remanded the dispute to the AD for submission to a different IRO or reviewer under section 4610.6(i).

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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