Appeals Panel Decisions - Texas Worker

Appeals' Panel Decisions

January 7, 2022

APD 211756

The Appeals' Panel reversed the administrative law judge's decision that the certification of maximum medical improvement became final. The Appeals' Panel noted that the certifying doctor's narrative report showed that the doctor erred in assigning 0% impairment rating for right hip extension rather than 2% impairment rating. The Appeals' Panel found that this error was compelling medical evidence of a significant error, and section 408.123(f)(1)(A) applied.

December 30, 2021

APD 211816

The Appeals Panel reversed the administrative law judge's decision that the date of maximum medical improvement was August 1, 2020. The Appeals' Panel found that the actual date certified was August 21, 2020. The Appeals' Panel noted that a clerical correction was not appropriate because all references throughout the decision were to the incorrect date.

December 22, 2021

APD 211751

The Appeals Panel reversed the administrative law judge's decision for reconstruction of the record. The Appeals Panel noted that the number of pages indicated on the exhibit list did not match the number of pages in the exhibits.

December 14, 2021

APD 211752

The Appeals Panel reversed the decision of the Administrative Law Judge to make a mathematical correction to the certification of maximum medical improvement / impairment rating.

December 14, 2021

APD 211713

The Appeals Panel reversed the Administrative Law Judge's decision that the claimant had not reached maximum medical improvement. The Appeals Panel reasoned that, because the date of statutory maximum medical improvement had passed as of the date of the hearing, a determination must be made.

December 13, 2021

APD 211628

The Appeals Panel reversed the Administrative Law Judge's decision on maximum medical improvement and impairment rating because of internal inconsistencies in the adopted doctor's report. Specifically, the doctor's report did not consider the pending treatment for the claimant’s injuries that were determined to be part of the compensable injury.

December 9, 2021

APD 211764

The Appeals Panel reversed the Administrative Law Judge's decision on impairment rating because of internal inconsistencies in the doctor's report. Specifically, the doctor rated radiculopathy which was determined not to be part of the compensable injury.

December 2, 2021

APD 211650

The Appeals Panel reversed the administrative law judge's decision for reconstruction of the record. The Appeals Panel noted that the number of pages indicated on the exhibit list did not match the number of pages in the exhibits.

November 23, 2021

APD 211581

The Appeals Panel reversed the Administrative Law Judge's decision on maximum medical improvement and impairment rating because of internal inconsistencies in the doctor's report regarding the date of maximum medical improvement.

November 18, 2021

APD 211591

The Appeals Panel reversed the Administrative Law Judge's decision on maximum medical improvement and impairment rating because of internal inconsistencies in the doctor's report regarding the date of maximum medical improvement.

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