DOLLAR RENT-A-CAR and LIBERTY MUTUAL INSURANCE, et. al. GRACE FINLEY STATE OF CALIFORNIAWORKERS’ COMPENSATION APPEALS BOARDGRACE FINLEY, Applicant,vs.DOLLAR RENT-A-CAR and LIBERTY MUTUAL INSURANCE, et. al. Defendants.Case No. OAK 257389REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONINTRODUCTION On 6/25/07, applicant petitioned for reconsideration of the Findings and Award of 5/31/07, whereby it was found that the applicant was not non-feasible for employment. Petitioner contends that the workers’ compensation judge (WCJ) erred in this finding.DISCUSSION A detailed Opinion on Decision was prepared which includes the following: “The applicant did not convince me that she is non-feasible for employment. I agree with the evaluating AMEs that there is a distinct lack of motivation that I believe is not related to her industrial injury. Although there may be some chronic pain issues, I don’t think they are sufficient to keep her out of the work force. “I was struck by the fact that all four AME evaluators, Dr. Larsen, Dr. Munday, Dr. Morganthaler and Dr. Mandel, all identified that the applicant was exaggerating. I was particularly struck by the testing done by Dr. Morganthaler which he was unable to interpret because extent of exaggeration was off the charts. Dr. Larsen stated in his report that “Not even , patients in the state hospital system would claim to have as many things wrong as does the applicant. In this physician’s opinion there needs to be a significant discounting of the applicant’s account of what has taken place and what she continues to experience.” “I appreciate the opinion of Mr. Gorman however I found it very interesting that if she is distracted, the pain behavior disappears. This was brought to light when Mr. Cohen testified that while he was administering the testing one afternoon, she never got up because she was uncomfortable. “Based on my observations of the applicant at trial, the testimony of the VR experts an
