considering the entire record.
must be based on relevant facts and
not an incorrect legal theory. A
medical opinion not based on
adequate history, surmise,
speculation, or conjecture will not be
substantial evidence. Here the
appellate court indicated neither
report was substantial evidence.
WCJ or the WCAB must develop the
record pursuant to Tyler v. WCAB (1997)
56 Cal. App. 4th 389. In this case the
appellate court remanded for the WCJ
and WCAB to further develop the
record. The opinion makes for
interesting reading.
Opinion from the Court of Appeal
but cites a wealth of citeable cases
involving developing the record.
Lebovitz, et al...
partner of a workers' compensation
defense firm who filed a workers'
compensation claim for psychiatric
injury against his law firm. The claim
was denied by the firm.
attorney in 1985. In 1991 the
applicant became
applicant was asked to step down
because of deteriorating
performance. The applicant was
diagnosed with bipolar disorder
Type II.
stress of having to bill many hours
and having to fire two profitable
attorneys. One attorney brought a
wrongful termination suit in which
the applicant had to testify and was
unable to do so, causing the
applicant to cry.
opinion that found the injury
industrial. The defendant obtained a
medical opinion that found the
injury non industrial. The Workers'
Compensation Judge (WCJ) found
the injury non industrial. The
applicant filed a petition for
reconsideration with the Workers'
Compensation Appeals Board
(WCAB) which was denied. The
present decision followed.
bound by the decision of the WCAB
if there is substantial evidence. The
court is not bound to accept the
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