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 DECISION AFTER RECONSIDERATION We previously granted reconsideration in order to obtain and review sub rosa video tapes in evidence of applicant’s activities (Defendant’s Exhibit I). We have received and review the videotapes. This is our decision after reconsideration. Applicant seeks reconsideration of the decision of -the workers’ compensation administrative law judge (WCJ) that issued on March 11, 2008. The WCJ found, among other things, that applicant sustained industrial injury on September 18, 2000,’to her psyche, head (nasal fracture), neck, back, and post traumatic headaches. The WCJ further found that this injury resulted in temporary total disability for a specified period, 65% permanent disability, and there was a need for further medical treatment. In addition, the WCJ found that defendant was not liable for the costs of the consultation and testimony of Jill Peterson. Applicant asserts that the WCJ erred in (1) failing to adequately incorporate the expert conclusions of Drs. Rusquellas, Kyle, and Gupta in arriving at applicant’s level of permanent disability; and in (2) finding that defendant was not liable for the evaluation and testimony of JillPeterson at trial. Defendant has filed an answer to applicant’s petition and points out that applicant , erroneously omits any reference to the sub rosa films admitted into evidence which, according to defendant, is “the most important piece of evidence at the entire trial.” In his Report and Recommendation, the WCJ recommends that applicant’s petition be denied. The WCJ states, among other things, that the sub r
Menu
