Authorities as the decision cited them, with how this panel applied each one.
Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604
Medical opinion must be framed in terms of reasonable medical probability, based on pertinent facts, adequate examination and history, and set forth reasoning in support of conclusions.
Applied to evaluate Dr. Ahmed's medical opinion as substantial evidence.
From the decision · page 2For the reasons stated in the Report and Opinion on Decision, we agree with the WCJ that
the opinion of primary treating physician Khalid Ahmed, M.D., is substantial medical evidence.
(Hegglin v. Workers' Comp. Appeals Bd. (1971) 4 Cal.3d 162, 169 [36 Cal.Comp.Cases 93]; Place
v. Workmen's Workers' Comp. Appeals Bd. (1970) 3 Cal.3d 372, 378-379 [35 Cal.Comp.Cases
525]; Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604, 621 (Appeals Board en banc) [a
medical opinion must be framed in terms of reasonable medical probability, it must not be
speculative, it must be based on pertinent facts and on an adequate examination and history, and it
must set forth reasoning in support of its conclusions].) We observe, moreover, it is well-
established that the relevant and considered opinion of one physician may constitute substantial
Labor Code section 5909
A petition for reconsideration is deemed denied unless acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
Applied to determine timeliness of petition for reconsideration.
From the decision · page 1Former Labor Code1 section 5909 provided that a petition for reconsideration was deemed
denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab.
Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:
Hegglin v. Workmen's Comp. Appeals Bd. (1971) 36 Cal. Comp. Cases 93
For an expert's medical opinion to be substantial evidence it must be framed in terms of reasonable medical probability that is based on pertinent facts, an adequate examination, an accurate history and set forth proper reasoning in support of its conclusions.
Applied to uphold Dr. Ahmed's medical opinion as substantial evidence.
From the decision · page 6For an expert's medical opinion to be substantial evidence it must be framed in terms of reasonable
medical probability that is based on pertinent facts, an adequate examination, an accurate history
and set forth proper reasoning in support of its conclusions. [Escobedo v. Marshalls (2005) 70 Cal.
Comp. Cases 604, 621 (Appeals Board en banc).] Reports and opinions are not substantial
evidence if they are known to be erroneous, based on facts no longer germane, contain inadequate
medical histories and examinations, or are based on incorrect legal theories, surmise, speculation,
conjecture, or guess. [Hegglin v. Workmen's Comp. Appeals Bd. (1971) 36 Cal. Comp. Cases 93,
97.]
Labor Code section 4061(i) does not require all evaluations to find injured worker permanent and stationary before trial; a declaration of readiness to proceed is the first step to trial.
Applied to address Defendant's claim regarding permanent and stationary status under Labor Code section 4061(i).