Significant Decision
October 22, 2020
The appeals panel issued an S-case remanding the matter back to the administrative law judge. The appeals panel found that when a designated doctor issues simultaneous valid certifications while assessing extent-of-injury, Rule 130.12 applies, even when neither party raised an extent-of-injury dispute at the contested case hearing. Because rule 130.12 applied, the appeals panel determined that neither certification became final. The appeals panel also found that the administrative law judge did not abuse his discretion in denying the carrier’s continuance request for an RME because the carrier waited over eight months after the designated doctor's exam to request the RME.
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