SCHRIVER PLUMBING; SCIF INSURED SAN JOSE, MIGUEL GONZALEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIGUEL GONZALEZ, Applicant,vs.SCHRIVER PLUMBING; SCIF INSURED SAN JOSE, Defendant(s).Case No. ADJ2769249 (SAL 0116181)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings and Award of January 5, 2009, in which the workers’ compensation judge (WCJ) found, in relevant part, that on July 14, 2006, applicant sustained industrial injury to his right knee, causing permanent disability of nine percent. Applicant contends, in substance, that the WCJ’s finding of nine percent permanent disability, which awards a little more than six months of benefits, is disproportionate to the actual disability, is fundamentally unfair, and thwarts the purpose of workers’ compensation, because the industrial knee injury prevents applicant from returning to his former employment as a plumbing tradesman, or any other work he previously performed. Applicant further contends that a higher disability rating is justified by the testimony of his vocational expert, who testified that applicant’s actual loss of future earning capacity caused by the injury is between 36 and 53%. The WCJ submitted a Report and Recommendation. We adopt and incorporate the “Introduction” and “Background” (Sections I and II) of the WCJ’s Report. We do not adopt or incorporate the remainder of the Report. We begin by noting that in his Opinion on Decision, the WCJ stated that he “did give a consideration to applicant’s motion to strike and/or amend rating instructions; however, the [WCJ] determined that the permanent disability under the 2005 PDRS [Schedule for Rating Permanent Disabilities] is not so disproportionate to the actual disability caused by this injury as , to be fundamentally unfair. Although the Board has the authority to award permanent disability that is commensurate with the
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