J.T. ENTERPRISES; GOLDEN EAGLE INSURANCE COMPANY, Administered by LIBERTY MUTUAL INSURANCE COMPANY, KAPKA NIKOLOVA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAPKA NIKOLOVA, Applicant,vs.J.T. ENTERPRISES; GOLDEN EAGLE INSURANCE COMPANY, Administered by LIBERTY MUTUAL INSURANCE COMPANY, Defendant(s).Case No. ADJ2581050 (SRO 0112855)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant has filed a timely, verified petition for reconsideration. Defendant is aggrieved by our Opinion and Decision after Reconsideration dated August 24, 2009, wherein we found that applicant’s permanent disability was 99% and that applicant was entitled to reimbursement for the testing ($390.00) and testimony ($490.00) of Jill Peterson. Commissioner Cuneo dissented from both findings. Defendant contends that we failed to give the findings of the workers’ compensation administrative law judge (WCJ) on credibility the great weight to which they are entitled; that we should not have relied upon the opinions of physicians that were rejected by the WCJ after applicant’s testimony and review of surveillance video; that the opinions of the physicians upon which we relied do not constitute substantial evidence; and that Ms. Peterson should not have been reimbursed for testimony as if she had been an expert witness. Applicant has filed an answer.///////// , With regard to the permanent disability finding,’ we have considered petitioner’s contentions and have the relevant portions of the record. For the reasons that we set forth in our Opinion and Decision after Reconsideration, which we incorporate herein, we affirm the finding that applicant’s permanent disability is 99%. However, we have again reviewed the record as to the testimony of Ms. Peterson. At the mandatory settlement conference on September 26, 2007, the WCJ ordered: “Ms. Peterson will be allowed to testify as to her observations of
Kapka Nikolova, vs. J.t. Enterprises; Golden Eagle Insurance Company, Administered By Liberty Mutual Insurance Company,
is a case in which Kapka Nikolova, the applicant, is suing J.T. Enterprises and Golden Eagle Insurance Company, administered by Liberty Mutual Insurance Company, the defendant. The defendant filed a petition for reconsideration of the opinion and decision after reconsideration, which found that the applicant's permanent disability was 99% and that the applicant was entitled to reimbursement for the testing and testimony of Jill Peterson. The petition was granted, and the award was amended to delete the award of $490 for reimbursement for the testimony of Ms. Peterson. The opinion and decision after reconsideration was affirmed, except as amended. Commissioner Cuneo dissented from both findings.
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ2581050
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