This article describes special aspects of addressing and defining substantial medical evidence, causation, and apportionment in the California Workers' Compensation system. Substantial medical evidence is framed in terms of reasonable medical probability, and the opinion must be based on fact and not be speculative. The issue of whether the injury occurred in the course of employment is left to the Trier of Fact (WCAB judge). The issue of arising out of employment is a medical issue left to the physician. Apportionment applies to both the industrial and nonindustrial cause of the disability.
Melhorn JM, Talmage JB, Ackerman WE, Hyman MH. AMA Guides to the Evaluation of Disease and Injury Causation, Second Edition. Chicago: American Medical Association; 2014.
State of California. Department of Industrial Relations. Part II.E. of the California Workers' Compensation Appeals Board (WCAB) en banc decision Escobedo v. Marshalls [(2005) 70 Cal. Comp. Cases 604, 620-621]. https://www.dir.ca.gov/WCAB/2005-EB-4.pdf. Accessed Aug 13, 2020.
California Legislative Information. SB-899 Workers' compensation. (2017-2018). https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB899#:~:text=4663.,causation%20of%20the%20permanent%20disability. Accessed Aug 13, 2020.
FindLaw. California Code, Government Code - GOV § 11135. https://codes.findlaw.com/ca/government-code/gov-sect-11135.html. Accessed Aug 13, 2020.
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