Oak Shores Community Association and Employers Compensation Insurance Company, Kevin Farnsworth, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKEVIN FARNSWORTH,Applicant,vs.OAK SHORES COMMUNITY ASSOCIATION and EMPLOYERS COMPENSATION INSURANCE COMPANY,Defendants.Case No. ADJ10152034(San Luis Obispo District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings of Fact (Findings) issued by the workers’ compensation administrative law judge (WCJ) on January 3, 2017 wherein the WCJ found in pertinent part that applicant did not sustain injury arising out of and occurring in the course of employment (AOE/COE) to his right knee. Applicant contends that the reports of Emest Miller, M.D., are not substantial evidence regarding the issue of injury AOE/COE and that the WCJ’s opinion that applicant’s testimony was not credible is not supported by substantial evidence. We have received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending the Petition be denied. We received an Answer from defendant. We have considered the allegations in the Petition and the Answer and the contents of the Report. Based upon our review of the record, and for the reasons set forth below, we will grant the Petition for Reconsideration, we will rescind the Findings and substitute a new Findings of Fact which finds that applicant sustained an injury to his right knee and defers all other issues.////// , BACKGROUND In 2001 applicant sustained an injury to his right leg while working for his previous employer. Applicant received treatment for the 2001 injury including an arthroscopic partial medial meniscectomy. (Def. Exh. M, Michael Schiffman, M.D., March 3, 2004.) The injury claim was resolved by the Findings and Award issued by another WCJ on October 20, 2005; the WCJ found that applicant sustained injur
