CONTINENTAL TRANSPORTATION, DEPARTMENT OF INDUSTRIAL RELATIONS as trustee for the SUBSEQUENT BENEFITS TRUST FUND, JAMES POLSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES POLSON, Applicant,vs.CONTINENTAL TRANSPORTATION, DEPARTMENT OF INDUSTRIAL RELATIONS as trustee for the SUBSEQUENT BENEFITS TRUST FUND, Defendant(s).Case No. ADJ2701474 (SAC 0322519)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings and Order issued by the workers’ compensation administrative law judge (WCJ) on December 17, 2008. In that decision, the WCJ found that applicant sustained an industrial injury to his back, neck, left shoulder and psyche on August 15, 2002, while employed as a truck driver (occupational group 350). In relevant part, the WCJ further found that: (1) applicant’s pre-existing disability was a 25% standard, adjusting to 28%; (2) applicant’s industrial injuries to his psyche, upper extremity, and back resulted in a 25% standard for the psyche, a 3% standard for the upper extremity, and a 50% standard for the back, adjusting to 52% under the Multiple Disabilities Table (MDT); and (3) that applicant’s overall permanent disability, after adjustment for age and occupation, rates 69%. The WCJ also determined that the opinion of Todd Koch, Ph.D., applicant’s vocational rehabilitation expert, does not rebut the 69% rating and that applicant is not entitled to benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). Applicant contends, in substance, that the WCJ erred in rejecting Dr. Koch’s opinion, which should be taken as substantial evidence that applicant is permanently and totally disabled, because he is not feasible for vocational rehabilitation. SIBTF filed an answer. , We adopt and incorporate the “Introduction” and the “Facts” (Sections I and II) of the WCJ’s Report, which describes the relevant facts. We do not adopt or incorp
