Matthew T. Moran, vs. Abhe & Svoboda, Inc., And Zurich North America, Adjusted By Brandvold & Associates,

ABHE & SVOBODA, INC., and ZURICH NORTH AMERICA, Adjusted By BRANDVOLD & ASSOCIATES, MATTHEW T. MORAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMATTHEW T. MORAN, Applicant,vs.ABHE & SVOBODA, INC., and ZURICH NORTH AMERICA, Adjusted By BRANDVOLD & ASSOCIATES, Defendant(s).Case No. ADJ306310 (LBO 0383928)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award and Order issued by a workers’ compensation administrative law judge (WCJ) on March 23, 2009, in which the WCJ found that applicant was entitled to further medical treatment, particularly arthroscopic surgery as recommended by Ralph N. Steiger, M.D., applicant’s treating physician. The WCJ also ordered that the issues of temporary disability and applicant’s attorney’s fee be deferred, and that the October 23, 2008 supplemental report by the panel Qualified Medical Evaluator (QME), David E. Smalley, M.D., be admitted into evidence as Exhibit F. The underlying claim involved applicant’s July 18, 2006 industrial injury to his left shoulder while working as a jackhammer operator/laborer.            In its Petition for Reconsideration, defendant contends that the WCJ erred in failing to provide any explanation of why the arthroscopic surgery recommended by Dr. Steiger is reasonable and necessary at this time, when he previously denied the medical treatment on “essentially the same” evidence. Defendant further contends that the reports of the treating physician are not admissible pursuant to Labor Code section 4062, subdivision (a) after the issuance of the report of the panel QME. Additionally, defendant argues that Dr. Steiger’s reports , do not constitute substantial evidence as his opinion is based on a vague and inadequate history. Defendant also argues that Dr. Steiger does not address the issue of causation of any tear in applicant’s left shoulder because the July 2006 MR arthrogram showed there

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