Yes, ma'am, on behalf of the insurer and we will. Employer's claim that past nursing care was not requested by the employee at the hearing and was not presented as one in dispute by the ALJ fails. Initially, the statement of the disputed issues by the ALJ indicated nursing care as an issue in dispute. During cross-examination of Nurse Barrett by employer's attorney, she was asked specifically about past nursing care performed by employee's wife. Nurse Barrett testified that employee's wife had been providing the services needed by employee.
Competent evidence supports that past nursing care was a disputed issue at the hearing.
Employer next claims that no notice was given to employer of employee's need for past nursing care. An award for past nursing care is allowable only when the employer had notice of the employee's need for such care or when the employee demanded care and the employer refused, failed or neglected to provide the care. Although employee never specifically requested nursing care from employer, the facts indicate that employer had notice of employee's need for nursing care. Employee spent approximately three months in the hospital following the accident, which left him paralyzed. Upon release from the hospital, Dr. Sohn indicated in his report that employee had become independent in many daily activities but required moderate or standby assistance in other areas including floor transfers, bed mobility and transfers, car transfers, and curb navigation.