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PanelQMEDenied

Richard Irby, Sr. — ADJ18785621, ADJ18785634

RICHARD IRBY SR., Applicant vs. UNITED CONTINENTAL HOLDINGS, INC., permissibly self-insured, Defendants

ADJ number
ADJ18785621, ADJ18785634
Decision date
Apr 13, 2026
District office
San Francisco
WCJ
—
Claim administrator
United Continental Holdings, Inc. (permissibly self-insured)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: cervical spine

LC §5909LC §5900LC §4604.5LC §4600LC §3202.5LC §5705LC §5307.27LC §5702LC §5903LC §5952LC §5702CCR §10835CCR §9792.22

Summary

Applicant Richard Irby Sr. sustained industrial injury to his cervical spine both as a specific injury on July 5, 2023 and during a cumulative injury period ending the same date while employed as a composite technician/mechanic. His treating physician submitted an RFA for 40 hours per week of home health care services to be provided by applicant's spouse. Defendant's UR decision conditionally non-certified the request but the parties stipulated the UR was both untimely and defective, vesting jurisdiction over medical necessity in the WCAB. The WCJ found the home health care medically necessary, and defendant petitioned for reconsideration, arguing the RFA failed to specify hours, daily breakdown, and duration of services. The Appeals Board denied reconsideration, finding the medical record—including the PTP reporting, a nurse home health assessment, and multiple QME reports—provided broad consensus supporting medical necessity of 40 hours per week of unskilled home health care.

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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