is substantial medical evidence
unpublished decision
claim alleging a
cumulative trauma to
and diabetes. The applicant later
amended the claim to include a
claim for hypertension.
Judge (WCJ). The WCJ found
the applicant's hypertension non
industrial. The WCJ believed the
applicant's history of job stress
was not credible. The WCJ found
the orthopedic injuries and the
diabetes industrially related.
diabetes was stress related.
However, the WCJ did not find
that stress caused the diabetes,
but rather it was caused by an
injection of epinephrine for the
industrial back injury.
our published. Substantial
evidence is considered in light of
the whole record. Levesque v.
WCAB. Medical reports cannot
be based on surmise, speculation
or conjecture. Hegglin v WCAB.
between an aggravation of short
duration and one that has long-
term effects. They indicate that
the medical cause of an ailment is
a scientific question.. You must
have a medical opinion based
upon scientific knowledge.
that where an issue is exclusively
a matter of scientific medical
knowledge you need expert
medical evidence form a
physician. Lay testimony or
opinion is not sufficient to meet
the test of substantial evidence.
the finding that the diabetes was
industrial related. The case was
remanded to the trial level for
further development of the
record.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 252-1300
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