Temecula, CA asked in Health Care Law and Workers' Compensation for California

Q: How to get wife paid to take care of me at home. I’ve been deemed 100% disabled from workers comp in California.

What form does my doctor fill out to request my wife being home from work to care for me.

3 Lawyer Answers
Gary Alan Jackson
Gary Alan Jackson
Answered
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: Your attorney should have set that up well in advance of a finding of PTD. The way to get this done is to have your attorney take care of it.

Nancy J. Wallace agrees with this answer

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you've been deemed 100% disabled from a workers' compensation case, your wife may be eligible to receive payment for caring for you at home. The process typically involves having your doctor complete a specific form that details your need for at-home care and the role your wife would play in providing this care. This form is then submitted to your workers' compensation insurance adjuster for approval.

It's important to check with your workers' compensation insurer or case manager for the exact form and procedure, as they can vary. They will provide guidance on the necessary documentation and the process for approval. Additionally, consider consulting with an attorney experienced in workers' compensation to navigate the process effectively and ensure that all requirements are met for your wife to be compensated as your caregiver.

1 user found this answer helpful

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: My clients who have had some success with this are without assets and entitled to In-Home Support Services, IHSS. So the Treating PHysician writes you require HOME HEALTH CARE with a Care Provider, You apply to In-Home Support Services IHSS for a caregiver and your wife applies to be your caregiver. I see this with parent-children regularly, but the parent has zero assets. ANOTHER technique would be to have the Treating PHysician write up an RFA for Home Health Care and specify that your wife be the care provider due to her 24-hr access. When the insurer denies this, your attorney will have to get to a trial on treatment at the WCAB to get a judge to order this.

1 user found this answer helpful

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