Tres Generaciones; Security National Insurance Company, administered by Risico Claims Management Oscar Gonzales WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOSCAR GONZALEZ, Applicantvs.TRES GENERACIONES;SECURITY NATIONAL INSURANCE COMPANY,administered by RISICO CLAIMS MANAGEMENT, DefendantsAdjudication Number: ADJ10871261Salinas District OfficeOPINION AND ORDERDENYING PETITION FORRECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, we will deny reconsideration. Defendant contends the record does not contain definitive evidence to identify the object or the velocity of the object that struck applicant’s eye. However, we are persuaded that applicant’s testimony justifies the WCJ’s finding that the injury to applicant’s eye falls within the scope of Labor Code section 4656(c)(3)(F). Here, applicant’s testimony as to the circumstances of his injury was sufficient to meet his burden to establish by a preponderance of the evidence that his injury occurred by the mechanism he described, i.e., that he was hit by a rock. (Lab. Code § 3202.5; Minutes of Hearing and Summary of Evidence (MOH/SOE), 8/9/18, at p. 18:2-3; 18:22-23; 20:3-4.) We are further persuaded that a reasonable inference can be drawn from the severity of applicant’s injury as described in the medical record that he was struck in the eye at highvelocity. , For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is DENIED.WORKERS’ COMPENSATION APPEALS BOARD/s/ KATHERINE A. ZALEWSKI, CHAIR___________I CONCUR,/s/ MARGUERITE SWEENEY, COMMISSIONER/s/ DEIDRA E. LOWE, COMMISSIONERDATED AND FILED AT SAN FRANCISCO, CALIFORNIA January 4, 2021SERVICE MADE ON THE ABOVE DATE ON THE PERSONS L
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