Johnny Franklin Muffler; Berkshire Hathaway/Redwood Fire And Casualty Company Conrado Hernandez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACONRADO HERNANDEZ, Applicant, vs.JOHNNY FRANKLIN MUFFLER;BERKSHIRE HATHAWAY/REDWOOD FIRE AND CASUALTY COMPANY, Defendants.Case No. ADJ203727 (SRO 0140512)OPINION AND DECISION AFTER RECONSIDERATION On June 4, 2012, we granted applicant’s Petition for Reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our Decision After Reconsideration. Applicant, while employed as a muffler installer on December 28, 2005, sustained an industrial injury to cognitive impairment, psyche, consciousness disorder, cervical, thoracic, and lumbar spines. On March 9, 2012, the workers’ compensation administrative law judge (WCJ) filed a Findings, Award & Order, finding in relevant part that applicant’s permanent disability is 60% without apportionment. Applicant filed a timely, verified Petition for Reconsideration. Applicant contends that the rating dated January 31, 2012, upon which the WCJ based the permanent disability award, did not follow the WCJ’s rating instruction and omitted the rating of the thoracic spine; and that the WCJ should have followed the unrebutted testimony of the vocational expert and found that applicant is permanently totally disabled. Defendant has filed an Answer. In his Report and Recommendation, the WCJ states that, in response to applicant’s Petition for Reconsideration, he had requested an amended rating including the rating of permanent disability of the thoracic spine. The amended rating of 63% is dated April 17, 2012, and was served upon the parties with the Report and Recommendation on April 18, 2012. Neither party has filed an objection to the amended , rating. The WCJ recommends that we amend the Findings and Award to find that applicant’s permanent disability is 63% and that we adjust
