Jose Luis Ortiz — ADJ11073757

Applicant Jose Luis Ortiz claimed he injured his right knee at work when a treadmill base fell on him while moving a pallet, but the employer contended the injury occurred while playing soccer. After a three-day AOE/COE trial, the WCJ found applicant did not sustain an industrial injury, crediting defense witnesses over applicant. Applicant petitioned for reconsideration based on newly discovered evidence (a declaration and later testimony from co-worker Ralph Burciaga); the WCJ rescinded the original decision and held a second trial. Following the second trial, the WCJ again found no industrial injury, concluding that the new evidence could not justify reversal because applicant failed to show why it could not have been produced earlier and because Burciaga's testimony was not credible and materially contradicted applicant's own account. The WCAB denied reconsideration, adopting the WCJ's report and according great weight to the WCJ's credibility determinations.