John Ginn — ADJ7932198

Applicant John Ginn, a plumber, sustained a 2010 industrial low back injury with a compensable consequence injury resulting in ischemic stroke, hemiparalysis, and cognitive impairment, leaving him permanently and totally disabled. The parties stipulated in a March 9, 2020 agreement that defendant would provide 18 hours of daily home healthcare (8 hours LVN, 10 hours CNA), and during the COVID-19 pandemic, applicant's spouse Theresa Ginn, a registered nurse, became the sole provider because outside providers were medically contraindicated for the immunocompromised applicant. The WCJ awarded 18 hours of daily home healthcare provided by Mrs. Ginn, reimbursed at agency rates of $50/hour for LVN care and $30/hour for CNA care. Defendant sought reconsideration arguing the hours should be reduced to 12 (to account for pre-injury household services) and that the rates were excessive, urging employee-level wages instead. The WCAB affirmed, finding defendant bound by its prior stipulations under Weatherall, that no good cause to withdraw was shown, and that reimbursement at outside-agency rates was reasonable because Mrs. Ginn functioned as an independent contractor.