FRANCISCO LUJAN vs. MAXON INDUSTRIES, INC., CHARTIS COSTA MESA, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case involves a worker's compensation claim by Francisco Lujan against Maxon Industries, Inc. The defendant, Maxon Industries, filed a Petition for Reconsideration arguing that the Administrative Law Judge (ALJ) erred by relying on the medical opinions of Dr. Diane Weiss. The defendant contended Dr. Weiss's reports were not substantial evidence due to perceived discrepancies in symptom severity, lack of psychological testing, alleged ex parte communication, contradiction by another doctor, disregard of videotape evidence, and non-conformity with AMA Guides. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the ALJ's report which found Dr. Weiss's opinions credible and well-reasoned, supported by the applicant's testimony and corroborated by another medical expert on the critical issue of work capacity. The WCAB also upheld the ALJ's reliance on the vocational expert's report, finding it unrebutted, and found no error in the award of attorney's fees.