COLTON UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, administered by SCRMA, ARGELIA VASQUEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARGELIA VASQUEZ, Applicant,vs.COLTON UNIFIED SCHOOL DISTRICT,Permissibly Self-Insured, administered by SCRMA, Defendant.Case No. ADJ992523 (SBR 0278781)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the April 1, 2009 Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that the applicant is entitled to medical treatment with Dr. Appleton, DDS, including laser therapy “at a frequency of not greater than one treatment every four weeks on an ongoing basis until discontinued by the primary treating physician or on further order.” Defendant contends that the WCJ erred in awarding laser therapy, arguing that there is no evidence that laser therapy is necessary to cure or relieve the applicant of the effects of her industrial injury in accordance with evidence based medical treatment guidelines. Defendant also contends that the WCJ’s award of laser therapy on an ongoing basis exceeds his authority. We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have not received an answer from applicant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below, we will grant reconsideration and amend the April 1, 2009 LI Findings and Award to find that the applicant is entitled to ten laser treatments pursuant to Dr. Appleton’s January 13, 2009 request for authorization. , With respect to defendant’s argument that there is no evidence that laser therapy is necessary to cure or relieve the applicant of the effects of her industrial, we will briefly review the relevant facts. On January 13, 2009, Dr. Appleton requested autho
Argelia Vasquez, vs. Colton Unified School District, Permissibly Self-insured, Administered By Scrma,
(SBR 0278781) is a case in which Colton Unified School District, a permissibly self-insured entity administered by SCRMA, sought reconsideration of a workers' compensation administrative law judge's (WCJ) decision to award Argelia Vasquez, the applicant, medical treatment with Dr. Appleton, DDS, including laser therapy. The WCJ's decision was amended to find that the applicant was entitled to ten laser treatments in accordance with Dr. Appleton's January 13, 2009 request for authorization. The issues of applicant's entitlement to a splint and sleep study were deferred.
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ992523
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