COUNTY OF LOS ANGELES, legally uninsured and administered by TRISTAR RISK MANAGEMENT, PHILIP DANIELS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPHILIP DANIELS, Applicant,vs.COUNTY OF LOS ANGELES, legally uninsured and administered by TRISTAR RISK MANAGEMENT, Defendant.Case No. ADJ1959578 (MON 0173721)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant, Philip Daniels, seeks reconsideration of the Appeals Board’s January 2, 2009, Opinion and Order Granting Reconsideration and Decision After Reconsideration, in which we rejected the conclusion of the workers’ compensation administrative law judge (WCJ), as set forth in the Findings and Award of October 28, 2008, wherein he found applicant sustained total permanent disability as a result of his October 7, 1991 industrial injury to his psyche and internal system. In our decision, we found there was not substantial medical evidence to support the finding of total permanent disability, and amended the Findings and Award to reduce the rating of permanent disability to 92.25%, as recommended by a disability evaluator. Applicant contends that the permanent disability rating less than 100% adopted by the 1 Appeals Board was incorrect. Applicant contends that he was deprived of his right to due process of law by the reduction of his award of permanent disability based upon the absence of evidence to substantiate the WCJ’s determination that applicant was unable to compete in the open labor market. Applicant asserts that the record should be further developed to explore this issue further. Defendant has filed an answer to applicant’s petition. , For the reasons set forth below, we shall affirm our prior determination and shall deny applicant’s petition for reconsideration. First, as to applicant’s contention that the record is not adequate and should be further developed pursuant to Tyler v. Workers’ Comp. Appeals Bd. (1997) 56 Cal.App.4th 389 [62 Cal.Comp
