JACK IN THE BOX REPUBLIC INDEMNITY COMPANY OF CALIFORNIA DONNA NEWTON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONNA NEWTON, Applicant,vs.JACK-IN-THE-BOX; REPUBLICINDEMNITY COMPANY OF CALIFORNIA, Defendants.Case No. ADJ2972057 (LAO 0838464)OPINION AND ORDERGRANTING PETITION FORRECONSIDERATION;NOTICE OF INTENTION TO A WARDMEDICAL TREATMENT Defendant seeks reconsideration of the April 28, 2014 Findings and Award issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that defendant’s utilization review (UR) was defective and that further medical treatment, in the form of aquatic therapy at the rate of two times per week for four weeks, is required to cure or relieve applicant from the effects of her injury. Based on these findings, the WCJ made an award of the aquatic therapy. Previously, applicant sustained admitted industrial injury to her right knee and low back while employed as a shift leader on November 1, 2003. An Award for future medical treatment for applicant’s right knee and low back was entered on February 28, 2012. Defendant contends that the WCJ violated its right to due process in awarding aquatic therapy. Defendant argues that applicant’s only argument at the April 2, 2014 trial was the timeliness of the UR and that she did not raise lack of service. Defendant further argues that, absent applicant’s testimony or other evidence that she did not receive the UR, the WCJ’s decision is not based on substantial evidence. Applicant filed an Answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Based on our review of the record and for the reasons discussed below, we will grant reconsideration and issue a ten (10) day notice of intention to find that applicant is entitled to aquatic therapy at the rate of two times per week for four weeks, as prescribed by Daniel A. Capen, M.D. ,
