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Jeffrey Franklin, vs. San Juan Unified School District,

SAN JUAN UNIFIED SCHOOL DISTRICT, JEFFREY FRANKLIN, WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAJEFFREY FRANKLIN, Applicant,vs.SAN JUAN UNIFIED SCHOOL DISTRICT, Defendants.Case No. ADJ1567874 (SAC 0256813)OPINION AND DECISION AFTER RECONSIDERATION            On June 5, 2009, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration.            Defendant, San Juan Unified School District, permissibly self-insured, soughtreconsideration from the Findings, Award and Order, issued March 12, 2009, in which a workers’ compensation administrative law judge (WCJ) found the once per week chiropractic treatment applicant has received from Dr. Walborn since September of 2006 to be reasonably required. The WCJ also ordered Dr. Walborn to prepare a treatment plan that details the proposed frequency of future chiropractic visits.            Defendant contests the WCJ’s findings, arguing that the WCJ should have followed the Utilization Review (UR) determination, limiting applicant to 12 to 18 chiropractic visits per year for well-documented flare-ups, since applicant failed to timely object to the UR determinations as required by Labor Code section 4062(a). Defendant further contends the WCJ should not have relied upon the award of weekly chiropractic treatments applicant received in 1999, since that determination preceded the implementation of UR and was based upon the repealed treating physician presumption. Defendant further contends that the WCJ erred in concluding that the , ACOEM Guidelines do not expressly control the issue of the frequency of chiropractic care, arguing that ACOEM Guidelines recommend limited chiropractic treatment to avoid treatment dependence. Finally, defendant argues that it should not be held liable for the chiropractic lien claims of Dr. Walborn since he failed t


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