Appeals Panel Decisions - Texas Worker

Appeals' Panel Decisions

October 7, 2021

APD 211383

The Appeals Panel reversed the decision because the administrative law judge's discussion of the evidence was inconsistent with the determination of extent of injury.

October 7, 2021

APD 211351

The Appeals Panel revered the administrative law judge's decision that the claimant had a 0% impairment rating. The Appeals Panel noted that the doctor's narrative indicated the claimant had a 0% impairment rating; however, the doctor marked that the claimant did not have any permanent impairment on the DWC-69. The Appeals Panel explained that a certification of no impairment is different and distinct from a 0% impairment rating.

September 30, 2021

APD 211271

The Appeals Panel reversed the administrative law judge's decision that the claimant had not reached maximum medical improvement. The Appeals Panel noted that in reaching this conclusion, the administrative law judge based her decision solely on the claimant's testimony. The Appeals Panel reaffirmed that a determination that a claimant has not reached maximum medical improvement must be based on a medical report from a doctor.

September 30, 2021

APD 211214

The Appeals Panel reversed the administrative law judge's decision regarding disability. The Appeals Panel reasoned that when a worker has returned to work after an injury and has earned wages that he contends are less than his prior wage, a determination of the amount of the pre-injury average weekly wage is essential to an accurate analysis of the disability issue and is effectively subsumed in that issue.

September 27, 2021

APD 211185

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.

September 21, 2021

APD 211144

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.

September 13, 2021

APD 211141

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.

Significant Decision

September 10, 2021

APD 211091-s

The Appeals Panel reversed the Administrative Law Judge's decision that the certification of maximum medical improvement became final. The Appeals Panel found that there was compelling evidence of a significant error in applying the AMA Guides. Specifically, the Appeals Panel determined that impairments in the same lower extremity part must be added rather than combined. This decision overturned prior Appeals Panel decisions.

August 25, 2021

APD 211085

The Appeals Panel reformed the decision because the Administrative Law Judge failed to modify the disability issue as agreed to by the parties.

August 25, 2021

APD 211005

The Appeals Panel reversed the Administrative Law Judge's decision that the claimant did not sustain an occupational injury in the form of COVID-19. The Appeals Panel reasoned that because this claim was pending at the time S.B. 22 went into effect, the new presumption provisions set forth in Sections 607.0545 and 607.058 of the Government Code apply.

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