Harvey, Warren

Applicant Warren P. Harvey petitioned for reconsideration of an October 23, 2024 Findings and Award in which the WCJ established two-tiered equitable hourly reimbursement rates for in-home health care (HHC) services provided by his spouse: $17.53 for regular caregiver duties and $53.55 for nursing-equivalent duties. Applicant argued the WCJ erred by failing to set a single simple reimbursement rate, by basing the rate on HHC employee wages rather than the cost of community HHC provider services, by limiting future rate increases, and by failing to award a reasonable attorney's fee. The Board granted reconsideration to study the issues, and the parties later participated in a commissioners' settlement conference. On September 15, 2025, the parties filed Stipulations With Request for Award agreeing applicant is permanently totally disabled and requires further medical treatment, while expressly preserving the HHC reimbursement issues for the Board. The Board approved the Stipulations as adequate and in applicant's best interest, found the requested attorney's fee reasonable, and issued an Award, while noting the remaining HHC disputes remain pending.