Reasonable Degree of Medical Probability

Administrative Law Judges (ALJs) who hear workers’ compensation cases (“merit judges”) look for credible and persuasive medical evidence when making their decisions.  The standard for acceptable medical evidence used to be known as the “to a reasonable degree of medical probability” test.  This meant that the medical provider’s opinions should be expressed to a “reasonable degree of medical probability”, which in turn means that it is more probable than not (more than 50% probability) that a certain thing is true.  This standard is generally not required anymore, but medical explanations expressed in terms of “possibility” are generally rejected by administrative law judges.