TARGET, Permissibly Self-Insured, KENNON DURONTE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKENNON DURONTE, Applicant,vs.TARGET, Permissibly Self-Insured, Defendant.Case No. ADJ6769252OPINION AND ORDER DENYING PETITION FORRECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings of Fact and Award of September 15, 2009, wherein it was found that, while employed as a logistics team member on April 25, 2009, applicant sustained industrial injury to his low back causing temporary disability from April 26, 2009 to the present and continuing. Defendant contends that the WCJ erred in finding that the applicant had sustained an industrial injury. We have not received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). We will deny reconsideration for the reasons stated by the WCJ in his Report. In addition to what is stated in the Report, we have independently reviewed the surveillance video and nothing in that video gives us cause to question the WCJ’s decision. Applicant’s description of his injury to Peter Chiang, M.D. at U.S. Healthworks Medical Group on May 2, 2009 was that he “stepp[ed] backward and tripped over an ironing board but did not fall while pulling a pallet with merchandise….” This description is consistent with what is depicted in the video. Dr. Chiang found that applicant had sustained a lumbosacral sprain, and the findings were consistent with the applicant’s description of the incident. Defendant cites the ancient case of Bickley v. IAC (1942) 7 Cal.Comp.Cases 92 (writ denied) for the proposition that “normal bodily movements” are not compensable. Bickley is inapposite since the video, applicant’s testimony, and the medical evidence show that applicant was not engaged in a normal bodily movement while stumbling over , the ironing board. Nevertheless, a leading treatise states the following regardi
