Injured workers who file a work comp claim have what’s called, the burden of proof. This means each individual needs to establish a quantum of persuasive information about aspects of their claim sufficient to lead a judge to conclude various components of their claim. A lawful outcome turns on lawyers and evidence.

Medical aspects of a claim generally depend on opinions from experts (i.e., doctors). For a doctor’s opinion to be adopted by a judge, generally, it must be considered “substantial.” Labor Code §4628 outlines the minimum of the elements set forth in a comprehensive report offered to sustain an injured worker’s burden of proof. Compliance with these elements preliminarily positions the “medical-legal” report to be treated as substantial evidence by the WCAB. Generally, a work comp claimant will want to take advantage of obtaining such a report (at no expenses to the injured worker) by proceeding to a qualified medical examination through the proper channels. ( The QME “proper channels” topic is the subject of a separate detailed discussion.) Absent persuasive evidence challenging the accuracy of the information set forth in the QME/AME report, it is likely a judge will make legal findings consistent with the QME report. If you are seeking “a workers’ compensation lawyer near me,” give us a call! Our law team arranges for the QME/AME examination and carefully makes sure the report is sufficient to be deemed “substantial evidence” on a litany of legal issues. When you search for a workers’ compensation attorney in Northern California, give me a call. We help to ensure a “meaty” medical-legal option that accurately reflects the correct facts presented to the WCAB.