What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by Defendant City of Los Angeles after Alternate Dispute Resolution Arbitrator issued Findings and Award; petition denied by WCAB panel.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Substantial evidence / credibilityApplicant prevailedReproductive System
The Agreed Medical Evaluator's opinion was found to be substantial evidence despite the lack of peer-reviewed studies provided, as the evaluator was chosen for expertise and neutrality and no contradictory studies were presented.
From the decision · page 184. Whether Medical Reporting of Fred Kuyt, M.D. is Substantial Evidence. Defendant argues that the reporting of Dr. Kuyt is not substantial evidence as he did not provide the parties with the peer reviewed studies he had read throughout his career on the issue of causation of testicular cancer. Presumably, the Agreed Medical Evaluator was chosen by both parties because of his expertise and neutrality. Therefore, his opinion should carry great weight. It would have been better for the parties if the doctor provided some of the peer reviewed studies that he testified he has reviewed throughout his career. However, his failure to provide the articles does not make his reporting inadmissible. If there were any studies that contradicted the doctor's opinions they could have been offered by defendant and the Agreed Medical Evaluator could have been cross-examined to alter his opinion and considered by the Arbitrator.