HAYWARD UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By SCHOOLS INSURANCE AUTHORITY, CRISTINA IGOA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACRISTINA IGOA, Applicant,vs.HAYWARD UNIFIED SCHOOL DISTRICT,Permissibly Self-Insured, Adjusted By SCHOOLS INSURANCE AUTHORITY, Defendants.Case No. ADJ324397 (OAK 251355)OPINION AND DECISION AFTER RECONSIDERATION In order to further study the factual and legal issues in this case, on April 21, 2009, we granted defendant’s petition for reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Award of February 3, 2009, wherein it was found that “[a]pplicant is in need of further medical care to cure or relieve from her industrial injury, specifically to include the physical therapy and Botox injections requested by [primary treating physician Timothy Dawson, M.D.] in his February 5, 2008 report.” The WCJ further found that applicant’s attorney was entitled to a Labor Code § 4607 attorney’s fee for “enforcing applicant’s award of medical care.” In finding that applicant was entitled to further medical care, the WCJ found that “[d]efendant’s utilization review reports dated February 21, 2008 and July 15, 2008 [were] inadmissible” because they were untimely, and that Dr. Dawson’s reports outlining the need for medical treatment were thus unrebutted. Previously in this case, by way of a stipulated Award of August 19, 1998, it was found that, while employed as a teacher on May 25, 1995, applicant sustained industrial injury to her neck, right shoulder, arm, wrist, right ribs, and back causing permanent disability of 13% and the need for further medical treatment. The defendant contends that the WCJ erred in (1) finding that the applicant was entitled to physical therapy and the Botox injections and in (2) finding the applicant’s attorney entitled to , Labor Code § 4607 fees. We have not received an answer, and the WCJ has filed a Report and Recommend
