UNINSURED EMPLOYERS FUND, JEFFREN AVERY, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEFFREN AVERY,, Applicant,vs.UNINSURED EMPLOYERS FUND,, Defendants).Case No. SAC 305798OPINION AND ORDERDENYING RECONSIDERATION Applicant, Jeffren Avery, seeks reconsideration of the Appeals Board’s August 19, 2005 Decision After Reconsideration wherein it was found that applicant did not sustain an injury arising out of and occurring in the course of employment on July 5, 2001, to his bilateral heels. In a petition, filed September 12, 2005 at the District Office of the Workers’ Compensation Appeals Board in San Francisco, and brought to the Appeals Board’s attention on June 25, 2007, applicant contends that (1) the testimony of defense witness Mr. Guadalupe Acosta, the bartender, was unreliable as to applicant’s alcohol ingestion; (2) applicant’s testimony and Mr. Roy Gregory’s testimony was more credible than that of defense witness Mr. Acosta; (3) the Appeals Board used an incorrect premise to preclude compensation because the testimony of the forensic expert was based on a false set of facts in hypothetical questions; (4) it was not the applicant’s activities and/or judgment that caused the injury, it was a two by four piece of wooden molding that broke resulting in applicant’s fall that caused his injuries; (5) applicant’s activities were reasonable and an anticipated use of the premises; and (6) substantial evidence justifies that applicant is not barred from being awarded compensation. Based on our review of the record, for the reasons stated in our Decision After Reconsideration of August 19, 2005, which we adopt and incorporate, and for the reasons stated herein, we will deny reconsideration on the merits. , At the outset, we note that in defendant’s answer, defendant argues that the decision after reconsideration was served by mail on the parties on August 19, 2005, and applicant had 20 plus 5 days for mailing in wh
