Community Health Network San Francisco General Hospital Intercare Kathleen Kennedy WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHLEEN KENNEDY, Applicant,vs.COMMUNITY HEALTH NETWORK SAN FRANCISCO GENERAL HOSPITAL; INTERCARE, Defendants.Case No. ADJ7114025OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION AND NOTICE OF INTENTION TO ISSUE SANCTIONS (LABOR CODE § 5813) Defendant seeks reconsideration of the Findings of Fact issued April 13, 2011, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury “due to stressors at work resulting in a cardiac event” and that “she suffered a stroke in December of 2008 as a compensable consequence of that cardiac event.” Defendant contends that the WCJ erred by finding compensability of applicant’s “cardiac event” and the subsequent stroke. Defendant argues that applicant sustained a cardiac injury while driving to work and is barred by the “going and coming rule”. Defendant further argues that substantial medical evidence supports the conclusion that “applicant did not suffer an industrial heart injury” and the subsequent stroke is not compensable. Defendant also contends that the WCJ has relied upon medical opinion which is not substantial evidence and that applicant did not sustain the burden of proving “a work related cardiac condition.” Finally, defendant contends that applicant’s claim for injury is actually a psychiatric claim and that defendant should have been allowed “to raise the good faith personnel action defense” of Labor Code section 3208.3(h). Defendant’s petition was 31 pages long. Applicant filed an Answer. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ set forth the bases for the decision. Based upon our review of the record, and for the reasons set forth in the WCJ’s Report, which we adopt and incorporate, we will deny defendant’s petition. ,
