APD 231224
The Appeals Panel reversed the Administrative Law Judge’s decision regarding timely filing of a claim with DWC because the ALJ failed to take official notice of whether the claimant filed a claim for compensation with DWC, and if so, the date the claimant filed the claim.
APD 231193
The Appeals Panel reversed the administrative law judge’s decision regarding maximum medical improvement and impairment rating because the certifying doctor rated multiple Disturbances of Mental Status instead of rating only the most severe condition, pursuant to Section 4.1b.
APD 231210
The Appeals Panel reformed a Finding of Fact in the administrative law judge’s decision to include conditions to conform to the evidence.
APD 231122
The Appeals Panel reversed the administrative law judge’s decision regarding maximum medical improvement and impairment rating because the adopted certification failed to rate the compensable injury.
APD 230999
The Appeals Panel reversed the administrative law judge’s opinion on impairment rating because the certifying doctor did not have the required values to appropriately use Table 8 of the AMA Guides because the claimant could not undergo a pulmonary function test.
APD 231076
The Appeals Panel reversed the Administrative Law Judge’s decision regarding finality. The Appeals Panel noted that the certifying doctor’s miscalculation of the impairment for range-of-motion loss constituted compelling medical evidence of a significant error, and therefore, the exception in Labor Code Section 408.123(f)(1)(A) applied.
APD 231080
The Appeals Panel reversed the decision because the Administrative Law Judge excluded the carrier-RME chiropractor’s opinion regarding PTSD pursuant to Rule 127.130(b)(7). The Appeals Panel noted that the rule applies only to designated doctors.
APD 230988
The Appeals Panel reversed the Administrative Law Judge’s decision on relatedness-of-medical treatment because the parties’ stipulated to the medical condition treated.
APD 231028
The Appeals Panel reversed the Administrative Law Judge’s decision regarding impairment rating because there was an inconsistency in the measurements reported by the certifying doctor.
APD 230808
The Appeals Panel reversed the Administrative Law Judge’s decision regarding timeliness or sufficiency of a carrier’s Notice of Denial of Compensability/Liability. The Appeals Panel noted that the PLN-1 in evidence did not show when or if it was filed by the carrier.