CARDENAS MARKET Permissibly Self-Insured, Administered By CARL WARREN & CO ANSELMO LEAL TORRES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANSELMO LEAL TORRES, Applicant,vs.CARDENAS MARKET, Permissibly Self-Insured, Administered By CARL WARREN &CO., Defendants.Case No. ADJ8499483(Pomona District Office)OPINION AND ORDER DENYING RECONSIDERATION Applicant seeks reconsideration of the April 7, 2012 Findings and Order issued by a workers’ compensation administrative law judge (WCJ), wherein the WCJ found that applicant, while employed as a produce clerk on July 15, 2011, did not sustain industrial injury to his cervical spine, lumbar spine, bilateral upper extremities or bilateral lower extremities. Applicant contends the WCJ erred in finding that he did not sustain injury arising out of and in the course of the employment (AOE/COE), arguing that his injury is presumed compensable pursuant to Labor Code section 5402,1 and that the WCJ should have ordered him to a medical evaluation. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. Defendant filed an Answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied. For the reasons set forth in the Report, which we adopt and incorporate, and for the reasons discussed below, we will deny applicant’s Petition for Reconsideration. 1 Unless otherwise stated, all further statutory references are to the Labor Code. , The burden of proving industrial injury rests with the applicant, and the applicant must carry this burden by a preponderance of the evidence. (Lab. Code, §§ 5705, 3202.5; see, also, e.g., Power v. Workers’Comp. Appeals Bd. (1986) 179 Cal.App.3d 775, 783 [51 Cal.Comp.Cases 114, 119]; Rogers v. Workers’Comp. Appeals Bd. (1985) 172 Cal.App.3d 1195, 1199 [50 Cal.Comp.Cases 550, 553]; Wehr v. Workers’ Comp. Appeals Bd. (1985) 165
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