James S. Neil; State Compensation Insurance Fund Nihal Hordagoda WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANIHAL HORDAGODA, Applicant,vs.JAMES S. NEIL; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. SJO 0246192; SJO 0252436ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of 3he report of the workers’ compensation administrative law judge with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We note, however, that while we do not agree with the WCJ’s discussion at page 7 of his report that the ACOEM guidelines apply only to acute spinal conditions (see, e.g., AT&T v. WCAB (Begel) (2006) 71 Cal.Comp.Cases 1146 (writ den.); Lake Tahoe Unified School District v. WCAB (Kelly) (2007) 72 Cal.Comp.Cases 138 (writ den.)), we are nevertheless persuaded that the treatment awarded by the WCJ here is supported by substantial evidence and is reasonably required to cure and relieve applicant from the effects of his industrial injury pursuant to Labor Code section 4600. , For the foregoing reasons,IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________RONNIE G. CAPLANEI CONCUR,________________________________________WILLIAM K. O’BRIENCONCURRING, BUT NOT SIGNINGJANICE JAMISON MURRAY________________________________________DATED AND FILED AT SAN FRANCISCO, CALIFORNIAJUL 30 2007SERVICE BYMAIL ON SAID DATE ON THE PERSONS LISTED BELOW AT THEIRADDRESSES AS SHOWN ON THE OFFICIAL ADDRESS RECORD:State Compensation Insurance FundBruce Baumkcs , NIHAL HORDAGODA SAL SJO 252436 (MF); SJO 246192v.JAMES S. NEILS.C.I.F.DANIEL H. ASTURIASWorkers’ Compensation Administrative Law JudgeREPORT AND RECOMMENDATION ONPETITION FOR RECONSIDERATIONIINTRODUCTIONDefendant, State Compensation
