Banning Unified School District, Permissibly Self-Insured, Administered By Keenan & Associates Andrew Condrack WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA ANDREW CONDRACK, Applicant, vs. BANNING UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured,Administered by KEENAN & ASSOCIATES, Defendants. Case No. ADJ9194237 OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION;NOTICE OF INTENTION TO AFFIRM OCTOBER 21, 2014 DECISION Defendant seeks reconsideration of the October 21, 2014 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ)found that applicant sustained an injury arising out of and in the course of his employment as a custodian with the Banning Unified School District to his back during the period July 1, 1986 through August 8, 2013. The WCJ also found that defendant did not perform utilization review of a requested revision back surgery at L3-4 in a timely manner. The WCJ ordered defendant to authorize the surgery. Defendant contends that the WCJ erred in finding that its utilization review decision was not timely, arguing that the utilization review decision wastimely and defendant responded reasonably to a defective request for authorization. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an answer from applicant.The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that reconsideration be denied. According to applicant’s answer, defendant resubmitted the request for authorization to utilization review and utilization review has authorized the surgery. Accordingly defendant is not aggrieved by the WCJ’s decision and should have withdrawn its petition for reconsideration. Therefore, we will grant reconsideration to provide defendant with an opportunity to either withdraw its petition or show good , cause wh
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