Smyers

In these cases the Workers’ Compensation Appeals Board (Board) held as a matter of law that housekeeping services prescribed by medical doctors for petitioners were not recoverable under the workers’ compensation law. Petitioners, Susan Smyers and Ethel J. Hoffman, sought and were granted writs of review.

Both petitioners were employed by I. T. T. Jennings (employer) on May 7, 1974, when they inhaled noxious fumes and immediately experienced choking, nausea and coughing. Further, petitioners experienced chronic shortness of breath and coughing. In 1977, employer stipulated, in both cases, to findings and awards of 100 percent disability and continuing medical treatment for life.

In 1977 the physicians treating both women recommended that housekeeping services be provided as part of medical treatment. Employer paid for the housekeeping services as a Labor Code section 4600 medical expense for approximately five years. In late 1982 employer discontinued the payments for housekeeping services relying upon the Board’s decision in Keil v. State of California (1981) 46 Cal.Comp.Cases 696, which held that the cost of housekeeping services, unrelated to nursing services, cannot…