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Randall Otten vs. Cardinal Newman High School California Insurance Guarantee Association For Superior National Insurance Company In Liquidation

CARDINAL NEWMAN HIGH SCHOOL CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY in liquidation RANDALL OTTEN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARANDALL OTTEN, Applicant,vs.CARDINAL NEWMAN HIGH SCHOOL;CALIFORNIA INSURANCE GUARANTEEASSOCIATION for SUPERIOR NATIONALINSURANCE COMPANY, in liquidation, Defendants.Case Nos. ADJ3700908 (SRO 0101979)ADJ3874442 (SRO 0098853)OPINION AND DECISIONAFTER RECONSIDERATION            We earlier granted defendant’s petition for reconsideration of the March 18, 2014 Findings And Award of the workers’ compensation administrative law judge (WCJ) who found that “defendant’s Utilization Review dated October 16, 2013 is invalid,” and that there is a need for further medical treatment of applicant’s low back injury, including the L4-5 sacral “radio frequency rhizotomy injection” requested by his treating physician.            It was earlier stipulated in ADJ387442 on July 17, 2000, that applicant sustained industrial injury to his low back and psyche while working for defendant as a custodian during the cumulative period through November 7, 1997, causing 46% permanent disability and need for future medical treatment. According to the WCJ’s Opinion on Decision, the claim in ADJ3700908 was “previously resolved by a Findings and Order filed July 17, 2000 and should not have been brought to calendar.”1            Defendant contends that the WCAB does not have jurisdiction to determine the necessity of medical treatment, and that the WCJ’ s finding in this case that the UR is invalid is not supported by the evidence.            An answer to the petition was received from applicant. 1 Images of the July 17, 2000 stipulated award in ADJ387442, and the July 17, 2000 Findings and Order in ADJ3700908, were not found in EAMS. ,             The WCJ provided a Report And Recommendation On Petition For Reconsideration (Report) recommending that reconsideration be denied, or in the alternative, that defend

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