Alberto Torres Garcia — ADJ10966476

Decedent, a 71-year-old farm laborer, sustained a traumatic brain injury when he fell off a ladder on July 29, 2017, and required home health care (HHC) until he was admitted for non-industrial colon cancer treatment on October 17, 2019, ultimately dying February 29, 2020. The disputed issue was reimbursement for HHC provided by decedent's widow (Isabel Cortez Ayala) and daughter (Beatres Torres-Cortez). The WCJ had awarded the widow reimbursement only for April 5, 2019 to October 17, 2019, while applicants sought the additional period of July 4, 2018 to April 4, 2019 and defendant disputed liability for out-of-network self-procured treatment. The Board affirmed the F&O but amended it to find the widow entitled to reimbursement for the full period July 4, 2018 to October 17, 2019, finding valid prescriptions existed under Neri Hernandez and that defendant failed to investigate. The Board deferred the issues of reimbursement to the daughter and the actual monies/rates payable, remanding for further proceedings.