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EDWARD FELIX vs. WARNER BROS. STUDIO FACILITIES, INC., Permissibly Self-Insured

WARNER BROS. STUDIO FACILITIES, INC., Permissibly Self-Insured EDWARD FELIX WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWARD FELIX, Applicant,vs.WARNER BROS. STUDIO FACILITIES, INC., Permissibly Self-Insured, Defendant.Case No. ADJ1785503 (MON 0324073)(Van Nuys District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the August 29, 2012 Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed on May 4, 2004, sustained an industrial injury to his lumbar spine that caused 21% permanent disability after apportionment. The WCJ also found that Labor Code section 4062(b) is not applicable to limit defendant’s liability for medical treatment, and that applicant is entitled to temporary disability indemnity from the date of his initial evaluation with Dr. Hopkins through March 2, 2006            Defendant contends that the WCJ erred in finding that Labor Code section 4602 is not applicable to limit defendant’s liability for medical treatment, arguing that applicant self-procured surgery before the second opinion process was completed. Defendant also contends that the WCJ’s permanent disability findings are not based on substantial medical evidence.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer from defendant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied.            For the reasons discussed by the WCJ in his Report which we adopt and incorporate by reference, and for the reasons discussed below, we will deny reconsideration.            It appears that defendant obtained a qualified medical evaluation pursuant to Labor Code section 4062. (Exhibit H.) However, it does not appear that defendant followed the procedure to obtain , a spinal surgery second opinion under

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