Irwin Salon Services; State Compensation Insurance Fund, Serge Orloff WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHELLE MADISON, Applicant,vs. IRWIN SALON SERVICES; STATE COMPENSATION INSURANCE FUND, Defendant.Case No. VNO 0399085OPINION AND ORDERSDISMISSING PETITIONFOR RECONSIDERATION,AND CORRECTINGCLERICAL ERROR Defendant, State Compensation Insurance Fund, on behalf of its insured, Irwin Salon Services, seeks reconsideration of the Findings and Award and Order, served October 24, 2007, in which a workers’ compensation administrative law judge (WCJ) held that applicant, Serge Orloff, sustained 100% permanently disabled as a result of his industrial cumulative trauma injury to his head, neck, spine, shoulders, bilateral upper extremities, bilateral lower extremities, hips, neurological system and psyche over the period February 15, 1999 through August 23, 1999, while employed as a sales representative. Additionally, the WCJ found applicant is in need of further medical treatment, including housing in an assisted living facility and an electric wheelchair. Applicant was awarded lifetime permanent disability benefits, less credit for benefits paid by the Employment Development Department (EDD), and found the EDD is entitled to reimbursement for benefits paid from October 15, 2003 through November 7,2006, at the weekly rate of $106.00. By petition filed November 21,2007, defendant contests the WCJ’s award of housing at an assisted living facility as part of his further medical treatment. Defendant contends that the record on this issue was not adequately developed because applicant interfered with the defendant’s , discovery rights by preventing the Agreed Medical Examiner from preparing a report.1 Applicant has filed an answer to defendant’s petition, noting the petition was not timely 3 filed from the service of the Findings, Award and Order. The WCJ has filed a Report and 4 Recommendation on Petition for Reconsid
