KYUNGJU HONG, Applicant vs. AMERICAN AGE, INC.; STATE COMPENSATION INSURANCE FUND, Defendants
ADJ number
ADJ9337517
Decision date
Jan 24, 2022
District office
Los Angeles
WCJ
Lois Owensby
Claim administrator
State Compensation Insurance Fund
Commissioners
—
Injury / body parts: nose (rhinitis), cervical spine, lumbar spine, right upper extremity, right wrist, right hand, right shoulder, right fingers, thoracic outlet syndrome (right upper extremity), complex regional pain syndrome (right upper extremity)
LC §3202.5LC §4600LC §5702CCR §10742CCR §9767.9
Summary
Applicant Kyungju Hong was adjudicated 100% disabled by stipulation, and after disputes over home healthcare, the parties stipulated on December 10, 2020 that defendant would provide home healthcare 24/7 per the opinion of nurse evaluator Sue Coleman. Defendant arranged for Continuity Care Home Nurses, but its witness admitted the nurses were sent only to perform an evaluation of needed care, not to actually provide healthcare, and Continuity Care had not received Coleman's report or knowledge of the case background. After applicant's counsel imposed COVID-19 testing/masking requirements, defendant alleged an unreasonable refusal of care. The WCJ found no care was actually offered, so the refusal issue could not be reached, and defendant failed to meet its burden of proof. The WCAB granted reconsideration to study the issues, then affirmed the WCJ's decision, declining to address whether applicant's COVID requests were reasonable and reaffirming defendant's obligation to provide 24/7 home healthcare.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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