Does the expert have an accurate medical history?
The expert may not realize the applicant had been hospitalized on prior occasions and may have no records of such hospitalizations. Such records might be needed for the expert to have accurate medical histories to form an opinion. In California, case law requires accurate histories in order to have a compensable injury under California’s workers’ compensation laws (Pino v. WCAB, 1992, 57 CCC 62). Medical opinion is no stronger than the facts on which it is based (Owings v. IAC, 1948, 31 C2d 689). If based on incorrect facts, an expert opinion does not constitute substantial evidence (Los Angeles Unified School District v. WCAB, 1981, 116 CA 3d 393 and Place v. WCAB, 1970, 35 CCC 525). • Are the applicant’s work restrictions inconsistent with the applicant’s current level of activity or current employment? Sometimes, an expert may place a work restriction of a “stress-free environment,” but such restriction is inconsistent with the applicant’s current level of employment wherein the app
