.opnIn this case, Jose Reyes, an employee of Hart Plastering, fell from a scaffold while on the job and sustained severe injuries. The Workers’ Compensation Appeals Board found that Reyes’ fall was caused by a pre-existing seizure disorder, but that the injuries sustained from hitting the ground at work were still compensable under the principles set forth in Employers Mutual Liability Ins. Co. of Wisconsin v. Industrial Acc. Com. (Gideon). The Board rescinded the original decision and substituted a finding that Reyes’ injury arose out of and occurred in the course of his employment, and returned the matter to the workers’ compensation administrative law judge for further proceedings and decision on the remaining issues.
Hart Plastering; Fremont Compensation Insurance Company, in liquidation; California Insurance Guarantee Association; and Cambridge Integrated Services, Inc. (Servicing Facility) Jose Reyes WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE REYES, Applicant,vs.HART PLASTERING; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; and CAMBRIDGE INTEGRATED SERVICES, INC. (Servicing Facility), Defendant(s).Case No. POM 261149OPINION AND DECISION AFTER RECONSIDERATION On December 3, 2004, we granted applicant’s Petition for Reconsideration of the Findings and Order issued by a workers’ compensation administrative law judge (WCJ) on September 16, 2004. In that decision, the WCJ found that applicant did not sustain an industrial injury to various parts of his body when, while employed as a plasterer on May 22, 2000, he fell from a scaffold following a non-industrial seizure. In his Opinion on Decision, the WCJ stated that, b
