A Perspective on How to Critically Review Medical Evidence

THE HON. MYRLE R. PETTY

San Bernardino, California

Note: The following article and any opinions expressed therein are solely those of the author and are not necessarily the positions of the State of California, Department of Industrial Relations, Division of Workers’ Compensation, WCAB, or any other entity or individual. This information is intended to be a reference tool only and is not meant to be relied on as legal advice.

Deficient medical reports are a real problem in our system. They create delays in litigation, in the rating process, and in reaching settlements or final adjudication of disputes. They also result in the incurring of additional costly litigation expense through depositions, supplemental reporting, and a lengthier litigation process. Deficient reports may not be construed as substantial evidence and may be stricken or given very little evidentiary weight.