CLOUGHERTY PACKING COMPANY, Permissibly Self-insured, VERONICA NOVELA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVERONICA NOVELA, Applicant,vs.CLOUGHERTY PACKING COMPANY,Permissibly Self-insured, Defendants.Case No. ADJ 366989 (AHM 0115780)OPINION AND DECISION AFTER RECONSIDERATION By petition for reconsideration, defendant challenged the decision of the workers’ compensation administrative law judge (WCJ) that issued on May 19, 2006 wherein the WCJ found, inter alia, that applicant’s industrial injury ending on July 1, 2003 to the cervical spine, bilaterally to elbows, bilaterally to wrists, and bilaterally to shoulders, resulted in 62% permanent disability and the need for further medical treatment. Defendant contended that the WCJ erred with respect to his finding on permanent disability based upon activities of applicant as depicted in video surveillance filming received into evidence as Defendant’s Exhibit J. Because the video exhibit was not part of the record we received, we requested and received the video from defendant. After reviewing the record, including the surveillance video, we concluded that further development of the record was necessary before addressing the issue of permanent disability. On December 5, 2006 we directed and ordered applicant to appear for a medical evaluation by Stephen M. Weiss, M.D. whom we appointed as a “regular physician” pursuant to Labor Code section 5701. Following the examination by Dr. Weiss, we issued a notice of intention to admit his report dated May 21, 2007 and submit the matter for decision to which applicant objected and requested the opportunity to depose Dr. Weiss. The request was granted. , When the deposition transcript of Dr. Weiss was received, we issued a notice of intention on August 4, 2008 to admit the report of Dr. Weiss and the transcript of his April 22, 2008 deposition testimony after which the matter would stand submitted, absent
