COUNTY OF SACRAMENTO; COUNTY OF SACRAMENTO WORK COMP OFF., GLENN NISSEN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGLENN NISSEN, Applicant,vs.COUNTY OF SACRAMENTO; COUNTY OFSACRAMENTO WORK COMP OFF., Defendant.Case No. ADJ1261632 (SAC 0317810)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant, Glenn Nissen, seeks reconsideration of the Findings and Award, issued November 6, 2008, in which a workers’ compensation administrative law judge (WCJ) found that as a result of his admitted November 21, 2001 injury to his spine, neck and shoulder, applicant sustained 42% permanent disability, without apportionment, based upon the 1997 Permanent Disability Rating Schedule, entitling applicant to indemnity totaling $35,700.00, less permanent disability advances. The WCJ also awarded applicant’s attorney a fee of $5,350.00, equal to 15% of the permanent disability award, to be commuted from the far end of the award. Applicant contends the WCJ erred in relying upon defendant’s Qualified Medical Evaluator, Dr. Renbaum, who found applicant was precluded from heavy work, contending his report does not constitute substantial medical evidence because he failed to justify the work preclusion given. Applicant argues that the WCJ should have followed the opinion of his primary treating physician, Dr. McAuley, and that of his Qualified Medical Evaluator, Dr. Salinas, and rated his permanent disability based upon a preclusion limiting him to sedentary work. Applicant further asserts that the award of attorney fees, equivalent to 15% of the permanent disability awarded, should be reduced because it is not appropriate in view of the results obtained. , As we find the WCJ’s determination is justified by substantial medical evidence, and applicant’s attorney is entitled to appropriate remuneration, we shall affirm the Findings and Award and will deny applicant’s petition. Background Applicant, while employed as a garbage
