Brown & Williamson Tobacco Company, Permissibly Self-Insured Robert Bojorquez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT BOJORQUEZ, Applicant,vs. ROSENDIN ELECTRIC, INC.; TIG INSURANCE, Defendants.Case No. SJO 0253677OPINION AND DECISIONAFTER RECONSIDERATION We previously granted defendant’s and applicant’s petitions for reconsideration of the July 5, 2006 Findings and Award of the workers’ compensation administrative law judge (WCJ) wherein it was found that applicant incurred industrial injury to his low back while employed by Rosendin Electric as a construction laborer on August 27, 2004, causing a need for future medical treatment.1 The WCJ further found that “Applicant’s whole person impairment is 6 percent;” “the rating based on the AMA rating schedule2 is 15.03.01.00-6[5]8-4801-12-13;” “the work restrictions are: a) no lifting greater than 20-25 pounds; b) limited bending, stooping, pushing or pulling with such weight; c) no standing greater than two hours at anyone time; d) no continuous sitting for more than one hour without the ability to change position;” and that two vocational rehabilitation experts were qualified to testify as experts on an individual’s diminished future earning capacity. Based upon the above findings and the testimony of the two vocational rehabilitation experts, the WCJ found that applicant’s industrial injury caused 27% permanent disability. Defendant contends, in essence, that the WCJ erred in considering the testimony of the vocational rehabilitation experts regarding applicant’s diminished future earning capacity as [h3]1 [size=1]Following the grant of reconsideration, the term of Commissioner Murray expired and Deputy Commissioner Sullivan was appointed by the Chairman to take her place.[/size][/h3][h3]2 [size=1]”AMA rating schedule” refers to the American Medical Association Guides to the Evaluation of Permanent Impairment (5th Edition).[/size][/h3] , substantial evidence su
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