CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified a prior decision concerning applicant Kathleen Phillips' industrial hip injury. While affirming the finding that the Qualified Medical Examiner's (PQME) reports lacked substantial medical evidence, the WCAB rescinded the striking of those reports and the PQME's disqualification. The WCAB reasoned that striking reports and disqualifying a PQME requires specific legal grounds not present here, and the determination of substantiality relates to the weight of evidence, not admissibility. The WCAB emphasized that the PQME's reports remain part of the record, with the judge retaining discretion to assign them appropriate weight.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified a prior decision concerning applicant Kathleen Phillips' industrial hip injury. While affirming the finding that the Qualified Medical Examiner's (PQME) reports lacked substantial medical evidence, the WCAB rescinded the striking of those reports and the PQME's disqualification. The WCAB reasoned that striking reports and disqualifying a PQME requires specific legal grounds not present here, and the determination of substantiality relates to the weight of evidence, not admissibility. The WCAB emphasized that the PQME's reports remain part of the record, with the judge retaining discretion to assign them appropriate weight.
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