Able Building Maintenance; Zurich North America Moises Robles Garcia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMOISES ROBLES GARCIA, Applicant,vs.ABLE BUILDING MAINTENANCE; ZURICH NORTH AMERICA, Defendant.Case No. ADJ6751788OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendam seeks reconsideration of the June 3, 2010 Findings of Fact issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that applicant, while employed as a janitor on December 29, 2008. sustained injury arising out of and occurring in the course of employment (AOE/COE). All other issues were deferred. Defendant contends that the WCJ erred in finding that applicant sustained industrial injury arguing that applicant did not meet his burden to establish injury AOE/COE, that applicant’s claim is barred by Labor Code’ section 3600(a)(4) prohibiting injuries caused by intoxication, that applicant’s conduct in drinking alcohol and leaving the work premises were not condoned by the employer, that applicant’s drinking on the job was a material deviation from his job duties, and that, in finding industrial injury, the WCJ relied on excluded evidence. Applicant did not file an answer. However, the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Based on our review of the record and for the reasons discussed below, we will grant reconsideration, rescind the WCJ’s decision, and return this matter to the trial level for further proceedings and decision by the WCJ. 1 All further statutory references are to the Labor Code, unless otherwise noted. , In her Report, lhe WCJ noted that: “One of the initial contentions of defendant is that the threshold issue of AOE/COE was not addressed. I w’as not aware that defendants were challenging that the injury had actually occurred. Mr. Gallardo found Mr, Robles Garcia at the botto
