An opinion of a Vocational Rehabilitation expert must be based on a labor market survey or research or exploration into the issue of whether applicant can work outside his home to constitute substantial evidence and be relied on by the WCAB.
WCAB’s Findings On Questions Of Fact
The WCAB’s(Workers Compensation Appeals Board) findings on questions of fact are conclusive where supported by substantial evidence.
Substantial evidence is evidence which is credible, reasonable, and of solid value, which a reasonable mind might accept as probative on the issues and adequate to support a conclusion. Zenith Ins. Co. v WCAB (2008) 73 CCC 81.
Regarding A QME opinion on Permanent Disability
The opinion of a QME (Qualified Medical Examiner) is not controlling on the issue of permanent disability. A WCJ (Workers Compensation Judge) can follow the opinion of a PTD (Primary Treating Doctor) or an AME (Agreed Medical Examiner) in deciding the level of permanent disability or the issue of apportionment based on which opinion constitutes substantial medical evidence.
For a medical opinion on apportionment to constitute substantial evidence, 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 adequate examination and history, and it must set forth reasoning in support of its conclusions.