CBS Fasteners, Inc.; Cypress Insurance Company/Berkshire Hathaway Homestate Companies Antonio Navarro WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTONIO NAVARRO, Applicant,vs.CBS FASTENERS, INC.; CYPRESS INSURANCE COMPANY/BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants.Case No. ADJ7345520OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the June 17, 2011 Findings of Fact and Order, wherein the workers’ compensation administrative law judge (WCJ) found that applicant was the initial aggressor in this case and ordered applicant to take nothing. Applicant claimed that, while employed as a machine operator on December 4, 2008, he sustained industrial injury to his “back, head, psyche, eye, body system.” (December 22, 2010 Minutes of Hearing and Summary of Evidence (MOH/SOE), p. 2.) Applicant contends the WCJ erred in finding that applicant was the initial aggressor, arguing that defendant failed to meet its burden of proving this defense and that it was “undisputed” that applicant’s co-worker was running towards him and that applicant felt threatened. We have considered the Petition for Reconsideration and defendant’s Response, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons expressed in the WCJ’s Report, which we adopt and incorporate, and for the reasons discussed below, we will deny applicant’s Petition for Reconsideration. An injury arising out of and in the course of employment is compensable only “where the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.” (Lab. Code, § 3600(a)(7).) , Applicant states in his petition, “The operative facts in this case are undisputed. On December 4, 2008, applicant while leaving work felt threatened by a co w
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