SANTA BARBARA COUNTY EMPLOYEES UNION; STATE COMPENSATION INSURANCE FUND, EDWARD MASCHKE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWARD MASCHKE, Applicant, vs.SANTA BARBARA COUNTY EMPLOYEES UNION; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ3191645 (GOL 0088223)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings of Fact issued June 4, 2009, wherein the workers’ compensation administrative law judge (WCJ) found, at an expedited hearing, that applicant was “entitled to a change of treating physician” and that applicant was “not entitled to the installation of a Swim-ex [a water exercise device] at his home.” In the Opinion on Decision, the WCJ noted: “Having reviewed Applicant’s testimony and the documentary evidence, this Court believes $70,000 to be an excessive sum for Defendant to spend in order to save time and distance for the applicant. Further medical treatment as sought will be denied.” In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ further noted that applicant’s treating physician, Barry Ross, M.D., stated in a deposition on December 5, 2008: “… [T]hat Applicant had no specific restriction regarding driving and that the intent was to have Applicant progress from pool therapy to a gym program when physically able. Thus, Applicant would have Defendant install a device that, in essence, he could outgrow with time. This Court agrees that an in-home installation would be the most ideal solution; but the expense seems prohibitive given the somewhat tenuous longevity of the pool therapy program.” , Applicant contends that the WCJ erred by failing to award the installation of a Swim-ex device at his home arguing: (1) that Dr. Ross has prescribed the Swim-ex device for treatment of applicant’s industrial inj
