Summary of Issue: Weight Of Medical Evidence


Decision 27007 Full Text of Decision 27007

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits weight of medical evidence
Summary:

According to the Commission, jurisprudence established by CUB 7947 indicates that when 2 medical certificates give different opinions, whether provided by the same physician or not, more credence must be given to the first. I do not believe that this is a rule of general application.


Decision 13556 Full Text of Decision 13556

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits weight of medical evidence
Summary:

The diagnoses of the psychologist and psychiatrist should have been accepted; they are specialists in the field, while the CEIC physician is not. Board should have adopted experts' medical opinion.


Decision 13399 Full Text of Decision 13399

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits weight of medical evidence
Summary:

I cannot see how the cursory examination by the independent medical examiner, and his conclusion, can stand against the much better informed determination of the claimant's doctor. [p. 6]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits yardsticks

Decision 12679 Full Text of Decision 12679

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits weight of medical evidence
Summary:

IME confirms claimant's incapacity on 27-12; projected date of recovery: 15-1. Claimant's doctor says on 23-1 she had not yet recovered. If the Commission felt that this statement was not credible, claimant should have been required to reattend before IME.

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