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 Defendant seeks reconsideration of the Findings of Fact issued by a workers’ compensation administrative law judge (WCJ) on November 11, 2010, 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, including body parts injured, were deferred. Defendant contends that the WCJ erred in finding that applicant sustained industrial injury, arguing that applicant’s testimony was inconsistent and he is not a credible witness, he did not meet his burden to establish injury AOE/COE, his claim is barred by Labor Code1 section 3600(a)(4) prohibiting injuries caused by intoxication, his conduct in leaving the work premises and drinking alcohol were not condoned by the employer, and his drinking on the job was a material deviation from his job duties. We have considered the petition for reconsideration and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. 1 All further statutory references are to the Labor Code, unless otherwise noted. , Based on our review of the record and for the reasons discussed below, we will grant reconsideration and reverse the November 11, 2010 Findings of Fact, as we conclude that applicant’s testimony cannot be relied on to support a finding of injury AOE/COEFACTS As relevant here, applicant was hired by defendant on April 23, 2001 as a janitor. On December 29, 2008, applicant was found bleeding and
