Susan Foust vs. Regents Of The University Of California, Self Insured, Adjusted By Sedgwick Claims Management Services

Regents Of The University Of California, Self Insured, Adjusted By Sedgwick Claims Management Services Susan Foust WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUSAN FOUST, Applicant,vs.REGENTS OF THE UNIVERSITY OF CALIFORNIA, Self Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendant(s).Case No. SAC 257957OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL            Defendant seeks reconsideration, or in the alternative, removal, following the issuance of the Findings and Order on November 2, 2007 wherein the workers’ compensation administrative law judge (wí J) ordered the parties “to request [a] DWC Form 233, that the Administrative Director randomly select an orthopedic surgeon or a neurosurgeon, to prepare a second opinion report resolving the disputed surgical recommendation” pursuant to Labor Code section 4062.            In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ explained that applicant’s treating physician had requested authorization for anterior cervical fusion surgery which had been denied by defendant based on utilization review. Thereafter, applicant objected to defendant’s failure to authorize the surgery. The WCJ concluded that a second opinion was appropriate because the parties were unable to resolve the dispute.            Defendant contends that the WCJ erred by ordering the parties to request that the Administrative Director randomly select an orthopedic surgeon or neurosurgeon to prepare a second opinion report. Defendant argues that applicant failed to timely object to defendant’s denial of surgical authorization and it is improper to request rcauthorization for the same procedure. Applicant filed an answer.            Based upon our review of the record, and for the reasons set forth herein, we will dismiss , defendant’s Petition for Reconsideration, because there is no final order subject to reconsideration. Furthermore, addressing the

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