Christopher Pappas vs.

In this case, Christopher Pappas, an employee of the Santa Barbara Sheriffs Department, sought authorization for a three level disc replacement surgery to be performed in Germany. The County of Santa Barbara, permissibly self-insured, denied the request due to the physician's failure to comply with the reporting requirements. The Workers' Compensation Appeals Board affirmed the Findings of Fact and Award and denied the petition for reconsideration, finding that the recommended surgery was reasonably required to cure or relieve the industrial injury and the WCJ acted within his powers to award such treatment.

Christopher Pappas WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIACHRISTOPHER PAPPAS,Applicant,VS. COUNTY OF SANTA BARBARA;Permissibly Self-Insured, DefendantsCase No. ADJ7191263OPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONDefendant, County of Santa Barbara, permissibly self-insured, seeks reconsideration of the Findings of Fact and Award, issued May 28, 2010, in which a workers’ compensation administrative law judge (WCJ) awarded applicant Christopher Pappas the surgical treatment recommended by his treating physician.            Defendant contends the WCJ acted in excess of his powers in awarding the recommended medical treatment because the request submitted by applicant’s treating physician was not presented as a request for authorization in the proper format under the Administrative Rules. Defendant does not contend the recommended surgery is not reasonably required to cure or relieve applicant from the effects of his industrial injury. Applicant has filed an answer to defendant’s petition.            Following our review of the record, and for the reasons set forth below, we shall affirm the WCJ’s Findings of Fact and Award and deny defendant’s petition for reconsideration.Background            Applicant, Christopher Pappas, is a Lieutenant in the Santa Barbara Sheriffs Department, where he has been employed for 27 years. He sustained an admitted cumulative trauma injury to , his neck over the period ending January 21,2005.            While applicant wüs not represented by counsel, his treating physician, Dr. Richard Chung sent a written communication, titled a “ProgNote“ to defendant on January 4, 2010, following an evaluation conducted on December 29, 2009. Dr. Chung sought authorization for surgery to be performed in Germany. In his report to defendant, Dr. Chung stated: “Since I last saw him, he has consulted with Dr Rick Delamartcr in Los Angeles, who recommended fusion at the more narrowed disk segment at C5-C6 and disk replacement

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