MARY JANE EIDMAN vs. LAW OFFICES OF THOMAS PLUMB; PARADISE CHEVROLET; STATE COMPENSATION INSURANCE FUND; SUBSEQUENT INJURIES BENEFITS TRUST FUND

ADJ1318220 (SAC0338049) is a case in which the Law Offices of Thomas Plumb, Paradise Chevrolet, State Compensation Insurance Fund, and Subsequent Injuries Benefits Trust Fund were defendants. Mary Jane Eidman was the applicant. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, granted the applicant's petition for reconsideration, and amended the May 14, 2012 decision to find that the Subsequent Injuries Benefits Trust Fund was liable for the cost of the medical-legal report provided by Dr. Abeliuk.

LAW OFFICES OF THOMAS PLUMB; PARADISE CHEVROLET; STATE COMPENSATION INSURANCE FUND; SUBSEQUENT INJURIES BENEFITS TRUST FUND MARY JANE EIDMAN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARY JANE EIDMAN, Applicant,vs.LAW OFFICES OF THOMAS PLUMB; PARADISE CHEVROLET; STATE COMPENSATIONINSURANCE FUND; SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants.Case No. ADJ1787355 (SAC 0336410)ADJ1318220 (SAC 0338049)OPINION AND ORDERS DENYING DEFENDANT’S PETITION FOR RECONSIDERATION,GRANTING APPLICANT’S PETITION FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Defendant Subsequent Injuries Benefits Trust Fund (SIF) and applicant separately petition for reconsideration of the May 14, 2012 Findings and Award of the workers’ compensation administrative law judge (WCJ). In that decision, the WCJ found that applicant had a pre-existing permanent disability precluding her from very heavy work that, when combined with the permanent disability caused by the subsequent November 20, 2002 industrial injury to the spine and psyche applicant sustained while employed as a legal assistant by the Law Offices of Thomas Plumb, results in. her being totally permanently disabled with a need for future medical treatment. The WCJ also found that applicant procured the report of Oscar Abeliuk, M.D., at her own expense.            SIF contends that the findings that applicant had preexisting permanent disability and that she is now 100% permanently disabled are not supported by substantial medical evidence, and that the report of Dr. Abeliuk should not have been received into evidence.            Applicant contends that it was error to find that applicant is liable for the cost of the report by Dr. Abeliuk because it was incurred as a medical-legal expense.            An answer was received from applicant, and the WCJ provided Report and Recommendation on Petition for Reconsideration (Report) in which he recommends that SIF’s petition be denied, but that , applicant’s peti

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