Roque Neri Hernandez

Applicant Roque Neri Hernandez suffered a severe crush injury to his dominant right hand while working as a machine operator, requiring five surgeries and leaving him essentially without use of the hand. His spouse provided home health care, and a WCJ awarded payment for self-procured home health services retroactive to the date of injury at the spouse's prior daycare earnings rate. Defendant sought reconsideration, arguing that newly enacted Labor Code sections 4600(h) and 4603.2(b)(1) (SB 863) applied. Sitting en banc, the WCAB held that sections 4600(h), 4603.2(b)(1), and 5307.8 apply to all non-final cases regardless of date of injury, defined the 'prescription' requirement, and clarified the fee schedule framework. The Board rescinded the F&A and returned the matter to the WCJ for further development of the record and a new decision.