MARIA GONZALEZ vs. KEY SPORTS APPAREL; NATIONAL LIABILITY AND FIRE INSURANCE COMPANY

KEY SPORTS APPAREL; NATIONAL LIABILITY AND FIRE INSURANCE COMPANY MARIA GONZALEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA GONZALEZ, Applicant,vs.KEY SPORTS APPAREL; NATIONAL LIABILITY AND FIREINSURANCE COMPANY, Defendants.Case No. ADJ3802676 (MON 0346021)(Marina del Rey District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the May 10, 2012 Findings and Order, wherein the workers’ compensation administrative law judge (WCJ) found that Applicant, while employed as a machine operator on November 9, 2006, sustained industrial injury to her spine, left upper extremity, wrist, hand, and psyche, but not “to her dental and sleep[.]”            Defendant contends that the WCJ erred in finding that Applicant sustained injury arising out of and in the course of employment.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied. We have not received an Answer from Applicant.            For the reasons discussed below, we will grant Defendant’s Petition, rescind the WCJ’s May 10, 2012 Findings and Order, and find that Applicant did not sustain injury arising out of and in the course of employment.BACKGROUND            Applicant filed a claim alleging industrial injury resulting from a physical assault by her coworker, Raul Campos. Defendant denied her claim. Applicant was evaluated by Agreed Medical Evaluators Dr. Alexander Angerman (regarding her claim of orthopedic injury) and Dr. Irving Savodnik , (regarding her claim of injury to her psyche), both of whom opined that Applicant sustained industrial injury based on the personal history she provided them. A five-day trial was held, at which the WCJ heard testimony from Applicant, Mr. Campos, Gabriella Hillenbrand (the owner of Key Sports App

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