In the WCJ's decision, it was found that applicant, Jose L. Martinez ("applicant"), sustained industrial injury to his low back and psyche on August 13, 1999, while employed as a heavy equipment operator by Jack Neal & Son, Inc. On October 4, 2000, Dr. McCarthy's office faxed Fremont a request to authorize the surgery, together with supporting documentation. On October 31, 2000, applicant was evaluated by Donald L. Trauner, M. D. , as Fremont's qualified medical evaluator ("QME") in orthopedics. On November 14, 2000, Dr. Trauner issued a report agreeing with Dr. McCarthy that "decompression of [applicant's] offending disc would be in order. "On December 6, 2000, applicant's counsel wrote Fremont to again request authorization for the surgery recommended by Dr. McCarthy.

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