DEPARTMENT OF CORRECTIONS; SCIF STATE EMPLOYEES RIVERSIDE, CHARLES WILLIAMS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHARLES WILLIAMS, Applicant,vs.DEPARTMENT OF CORRECTIONS; SCIF STATE EMPLOYEES RIVERSIDE, Defendant(s).Case No. ADJ823929 (BAK 0149916)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the Findings of Fact and Award served on June 3, 2009, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a correctional officer during the period from February 16, 1991, to July 31, 2006, sustained industrial injury to his heart, cardiovascular system, and back, causing 78 percent permanent disability, with no apportionment, based on Labor Code section 4663(e). Defendant contends that it has “overcome the presumption of injury afforded the applicant by Labor Code Section 3212.2, and thus the applicant is also without the exemption of Labor Code Section 4663(e) as it applies to apportionment of the causation of applicant’s injury and permanent disability,” and that the 78 percent permanent disability rating is inequitable, disproportionate, and not a fair and accurate measure of the employee’s disability, citing Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School District (2009) 74 Cal. Comp. Cases 201 (Appeals Board en banc) (Almaraz/Guzman 1). We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation of California Workers’ Comp Administrative Law Judge on Defendant’s Petition for Reconsideration (Report), recommending that the petition be denied. , For the reasons expressed by the WCJ in his Report, which we adopt and incorporate, and for the reasons discussed below, we will deny defendant’s petition for reconsideration. At trial on March 11, 2009, th
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