Equivocal Evidence

In the case Potere v. Workers’ Compensation Appeal Board (KEMCORP), the Court found that if a medical expert’s testimony is clearly contradictory on important points, an appeallate body is allowed to deem it equivocal. However, since the Workers’ Compensation Judge (WCJ) is the ultimate fact finder in deciding a case, it is up to the WCJ on how to interpret the medical expert’s testimony. The appeallate body can direct the WCJ to re-examine other evidence presented during the case without considering the equivocal evidence.