Made In Japan; Everest National Insurance Company John Farmer WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN FARMER, Applicant,vs. MADE IN JAPAN; EVEREST NATIONAL INSURANCE COMPANY, Defendant(s).Case No. SAC 0336537OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the October 15, 2007 “Findings and Conclusions of Law” issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that defendant is required to provide applicant with lodging during his recuperation from back surgery. Previously, the parties stipulated that applicant, while employed as a service writer on April 21, 2004, sustained industrial injury to his back. On October 25, 2006, the WCJ found that the injury herein caused need for further medical treatment in the form of back surgery as recommended by Paul Kaplan, M.D., applicant’s treating physician, and Pasquale Montesano, M.D., an orthopedic surgeon. The issue of medical treatment was heard again at an expedited trial on October 24, 2006 and resulted in the WCJ’s decision from which defendant seeks reconsideration herein. Defendant contends that the WCJ erred in finding it liable to provide applicant with lodging during his post-surgical recuperation period arguing that there is no substantial medical evidence supporting the need for post-surgical lodging. Applicant filed an Answer, and the WCJ issued his 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 to amend the WCJ’s decision to provide that defendant is liable to provide applicant with post-surgical care including lodging in a rest home, rehabilitation hospital, or equivalent, for a period of time to be determined by the treating physician and in a matter to be adjusted by the partie
