ROSSCRETE ROOFING, INC.; STATE COMPENSATION INSURANCE FUND, KENNETH PATTERSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKENNETH PATTERSON, Applicant,vs.ROSSCRETE ROOFING, INC.; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ1875496 (ANA 0397359)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the August 12, 2009 Findings of Fact and Order issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant, while employed on September 26, 2005 as a “truck driver/maintenance mechanic” sustained industrial injury to his neck, wrists, right elbow, right shoulder, right knee, and spine causing 64% permanent disability and need for further medical treatment. The WCJ also found that applicant’s injury was not caused by serious and willful misconduct by the employer. Applicant contends that the WCJ erred in finding that his injury was ‘iot caused by serious and willful misconduct by the employer. Defendant filed an Answer and the WCJ issued a Report and Recommendation of Workers’ Compensation Administrative Law Judge (Report) recommending that we deny reconsideration. Based on our review of the record and for the reasons discussed by the WCJ in his Report, which we adopt and incorporate herein, we will deny reconsideration./// , For the foregoing reasons, IT IS ORDERED that defendant’s Petition for Reconsideration of the August 12, 2009 Findings of Fact and Order be, and the same hereby is DENIED. WORKERS’COMPENSATION APPEALS BOARD _______________________________ DEIDRA E. LOWEI CONCUR, ________________________
