CompFox AI Summary
This case involved the striking of a Qualified Medical Evaluator's (PQME) report due to concerns of racial or ethnic bias. The WCJ found the PQME's deposition testimony, where she referred to the applicant's "Negro blood" and linked it to her assessment of his muscle tone and strength, indicated bias. The Workers' Compensation Appeals Board (WCAB) affirmed this decision, agreeing that such statements suggested reliance on stereotypes and improper medical conclusions. Consequently, the PQME's report was deemed not substantial evidence and was struck, with a new medical evaluation ordered.
Full Decision Text1 Pages
This case involved the striking of a Qualified Medical Evaluator's (PQME) report due to concerns of racial or ethnic bias. The WCJ found the PQME's deposition testimony, where she referred to the applicant's "Negro blood" and linked it to her assessment of his muscle tone and strength, indicated bias. The Workers' Compensation Appeals Board (WCAB) affirmed this decision, agreeing that such statements suggested reliance on stereotypes and improper medical conclusions. Consequently, the PQME's report was deemed not substantial evidence and was struck, with a new medical evaluation ordered.
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