The State Board of Workers’ Compensation (Board) has authority to determine the weight and balance conflicting expert opinions, as stated by the Georgia Court of Appeals this past July. See Bibb County Board of Education v. Bembry, 2007 WL 2164643 (Ga.App., July 30, 2007). The court reiterated it is “within the province of the Board to determine the credit to be given to the conflicting opinions of experts.” The Court also stated that a medical opinion does not need to be based on medical certainty, instead applying a standard of medical probability. This opinion reaffirms previous case law, holding that the Board has the right to resolve conflicts of evidence and witness credibility.
For more information, please contact Catherine Dellinger Buckley at (404) 974 – 4588.
