FEDERAL EXPRESS; Permissibly Self-Insured, Administered By SEDGWICK CMS DAVID LOW WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID LOW, Applicant,vs.FEDERAL EXPRESS; PermissiblySelf-Insured, Administered By SEDGWICKCMS, Defendant.Case No. ADJ8935299(Oakland District Office)OPINION AND ORDERDENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the October 10, 2013 Finding of Fact issued by the workers’ compensation administrative law judge (WCJ), wherein the WCJ found that applicant, while employed as a driver on April 26, 2013, sustained injury arising out of and in the course of the employment (AOE/COE) to his neck, back and upper extremities. Defendant contends that the WCJ erred in finding that applicant sustained injury AOE/COE, arguing that applicant’s injury should not be compensable because it occurred while he was on his unpaid lunch break on the employer’s premises. Applicant filed an Answer. We have considered the allegations of the Petition for Reconsideration, and the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the WCJ with respect thereto. Based on our review of the record, and for the reasons set forth below and in the Report, which we adopt and incorporate, except that we do not incorporate the discussion on pages 3 and 4 indicating that applicant’s routine provided a benefit to the employer, we will deny reconsideration. In this case, as noted by the WCJ in her Report, it is undisputed that applicant was on the employer’s premises at the time of the injury. He had just finished his non-compensated lunch time in the company break room when he had a sudden coughing attack, lost consciousness, and fell to the floor, sustaining injury. , The WCJ cited to County of Contra Costa/Contra Costa Fire Protection District v. Workers’ Comp. Appeals Bd. (Ramirez) (2004) 69 Cal.Comp.Cases 257 (writ den.), and wrote as follows: “Injuri
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