ALAMEDA UNIFIED SCHOOL DISTRICT, ROBERT GORDON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT GORDON, Applicant,vs.ALAMEDA UNIFIED SCHOOL DISTRICT, Defendant. Case No. ADJ4199970 (OAK 0325364)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings of Fact issued by a workers’ compensation H administrative law judge (WCJ) on August 26, 2009, wherein the WCJ found that applicant is entitled to surgery consisting of a two-level fusion, as recommended by both his treating physician and the second opinion spinal surgeon. The WCJ also found that applicant is entitled to select a physician of his own choosing to perform the recommended surgery. The August 26, 2009 Findings of Fact did not include an award or order for the surgery. The WCJ also found, based on the parties’ stipulations, that applicant while employed as a maintenance mechanic through October 15, 2005, sustained industrial injury to his lumbar spine. Defendant contends the WCJ erred in finding that applicant is entitled to a two level fusion 1′ with a surgeon of his choice, arguing that applicant’s treating physician, Richard Nolan, M.D., is only a general orthopedic surgeon and that applicant’s surgery should be performed by an i orthopedic spine surgeon or a neurological surgeon as recommended by the agreed medical examiner (AME). Defendant argues that it could be irreparably harmed by the WCJ’s issuance of the August 26, 2009 decision without a specific order because it could be subject to penalties and attorney’s fees./// , We have considered the petition for reconsideration and we have reviewed the record in this matter. Applicant has filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be granted for the sole purpose of adding an award and that otherwise the petition be denied. For the reaso
