COMEPTON UNIFIED SCHOOL DISTRICT; HAZELRIGG RISK MANAGEMENT SERVICES, JAMES LEWIS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES LEWIS, Applicant,vs.COMEPTON UNIFIED SCHOOL DISTRICT;HAZELRIGG RISK MANAGEMENT SERVICES, Defendants.Case No. ADJ1132942 (LAO 0875472)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Compton Unified School District, permissibly self-insured, seeks reconsideration of the Findings of Fact, issued March 19, 2009, in which a workers’ compensation administrative law judge (WCJ) found the injury sustained by applicant, James Lewis, “did not arise out of an altercation in which the applicant was the initial physical aggressor.” The WCJ also found the “injury was not caused by the intoxication, by alcohol or the unlawful use of a controlled substance, of the applicant.” The WCJ justified this finding, in his Opinion on Decision, by referring to applicant’s testimony that applicant’s co-worker hit applicant. Defendant contends the Findings of Fact are not justified by evidence in the record, arguing that the WCJ’s findings failed to fully review all of the relevant material evidence, which defendant asserts establishes that applicant’s conduct instigating the confrontation constituted the initial physical aggression. Defendant further argues that the WCJ failed to consider applicant’s past aggressive behavior in determining whether his conduct met the standard for being the initial physical aggressor. Applicant has not filed an answer to the defendant’s petition. Following our review of the record, and for the reasons set forth below, we shall grant reconsideration to reverse the Findings of Fact, and find applicant was the initial physical , aggressor, such that his claim is barred under Labor Code section 3600(a)(7).BackgroundApplicant, James Lewis, filed a claim for injuries to his left shoulder, neck, left arm, lower back, left hip, psyche and insomnia sus
