THE TOWN OF HILLSBOROUGH, permissibly self-insured, PIERRE PALENGAT, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPIERRE PALENGAT, Applicant,vs.THE TOWN OF HILLSBOROUGH,permissibly self-insured, Defendant.Case No. ADJ514225 (SJO 0135271)OPINION AND ORDERS DENYING RECONSIDERATION; GRANTING REMOVAL ON APPEALS BOARD MOTION; AND NOTICE OF INTENTION TO IMPOSE SANCTIONS ON DEFENDANT’S COUNSEL Defendant seeks reconsideration of the Findings and Award of June 11, 2009, wherein the workers’ compensation judge (WCJ) found that applicant is in need of further medical treatment as recommended by Fredric Newton, M.D., the parties’ agreed medical evaluator, including, but not limited to, four to six sessions of supervised water therapy and instruction and a one year membership at a gym with a swimming pool, to cure or relieve applicant from the effects of the admitted industrial injuries he sustained to his neck and back while employed by defendant as a police officer. Defendant contends that applicant is not entitled to the awarded medical treatment, particularly the gym membership for the purpose of additional, unsupervised water therapy, arguing that applicant “did not object” to defendant’s October 8, 2008 utilization review (UR) denial of the treatment request as required pursuant to Labor Code section 40621. Later in thepetition for reconsideration, defendant’s counsel stated that “not only did Applicant fail to timely object” to the UR denial, but he “failed to object at all.” 1All further statutory references are to the Labor Code, except where otherwise noted. , Applicant filed an answer to defendant’s petition for reconsideration in relevant part of which his counsel stated, under penalty of perjury, that applicant did object to defendant’s UR denial. Applicant’s counsel attached to the verified answer to the petition for reconsideration copies of his October 23, 2008 objection to defendant’s UR denial (Exhibit 1) and defendan
