Authorities as the decision cited them, with how this panel applied each one.
Place v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 372, 378-379
The relevant and considered opinion of one physician may constitute substantial evidence, even if inconsistent with other medical opinions.
Applied by the WCJ in weighing conflicting medical opinions.
From the decision · page 1We observe, moreover, it is well-established that the relevant and considered opinion of
one physician may constitute substantial evidence, even if inconsistent with other medical
opinions. (Place v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 372, 378-379 [35
Cal.Comp.Cases 525].)
Willette v. Au Electric Corporation (2004) 69 Cal. Comp. Cases 1298, 1308 (en banc)
When faced with differing medical opinions from the panel QME and the treating physician, the WCJ or Appeals Board considers the weight and substantial evidence of the opinions.
Applied by the WCJ in determining the more persuasive medical opinion.
From the decision · page 6Willette v. Au Electric Corpartion (2004) 69 Cal. Comp. Cases 1298, at 1308 (en banc)
states, that when faced with differing medical opinions from the panel QME and the treating
physician on the issue of whether prescribed treatment is reasonably required to cure or relieve
that effects of the employee's injury, the WCJ or the Appeals Board need not rely on the opinion
of a particular physician. It is the WCAB, not any individual physician, which is the ultimate trier
of fact on medical issues.
Willette v. Au Electric Corporation (2004) 69 Cal. Comp. Cases 1563 (en banc)
The WCJ or Appeals Board will consider the weight to be given to respective medical opinions and whether they constitute substantial evidence.
Applied by the WCJ in weighing medical opinions for substantial evidence.
Labor Code section 4628
The physician who signs the medical-legal report shall examine the employee or participate in the non-clerical preparation of the report, including taking a complete history, reviewing and summarizing medical records, and composing and drafting conclusions.
Referenced in discussion of medical-legal report requirements.
From the decision · page 8Labor Code section 4628 states that the physician who signs the medical-legal report shall
examine the employee or participate in the non-clerical preparation of the report, including taking
a complete history, review and summarize medical records, and compose and draft the conclusions
of the report.