As a part of SB863, the legislature enacted Labor Code Sections 4600(h), 4603.2(b)(1), and 5307.8, in an attempt to reign in out of control home health care costs. In the en banc decision of Hernandez v. Geneva Staffing, (2014) 79 CCC 682, the WCAB clarified the applicant’s new burden of proof.
As an initial matter, the WCAB confirmed that the SB863 changes apply to requests for home health care services in all cases that are not final regardless of date or injury or dates of service. Therefore, the WCAB identified two conditions which are a part of the injured worker’s burden of proof. First, the home health care services must be prescribed by a physician. Second, the employer’s liability is subject to either Section 5307.1 (which is not applicable as there is not yet an OMFS for home health care) or Section 5307.8.