CPS Security, Permissibly Self-Insured Nate Leggette WORKERS’ COMPENSATION APPEALS BOARI)STATE OF CALIFORNIANATE LEGGETTE, Applicant,vs.CPS SECURITY, Permissibly Self-Insured, Defendant.Case No. ADJ11642774OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RBCONSIDERATION Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings of Fact and Order of October 23, 2019, wherein it was found that, while employed on September 23, 2018 as a security guard, applicant did not sustain industrial injury in the form of West Nile Virus. The WCJ thus issued an order that applicant take nothing by way of his claim. Applicant contends that the WCJ erred in finding no industrial injury. We have received anAnswer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). The WCJ’s finding of no industrial injury was in error. We therefore grant reconsideration.rescind the WCJ’s decision and issue a new decision finding industrial injury. In her Report, the WCJ explains that the basis behind her finding of no industrial injury was that “there is no testimonial, documentary’ or medical evidence in the entire record that supports that Applicant contracted West Nile Virus on any specific date.” (Report at 3.) The WCJ explained: Based on (primary treating physician internist Darrell II. Burstein. M.D.,) there is no evidence that Applicant was exposed to West Nile Virus on 9/23/2018, only that 9/23/2018 was when he began to experience flu-like symptoms. Therefore even the medical report that Applicant contends the undersigned should have relied upon does not support an industrial injury on 9/23/2018. Whether or not Applicant contracted West Nile Virus as a result of some type of industrial cumulative trauma injury was not the issue presented at trial. With regard to the issue that was presented, as to whether or not Applicant sustained an industri
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