APD 220009
The Appeals Panel reversed the administrative law judge’s decision on maximum medical improvement and impairment rating because there was no certification that rated the entire compensable injury.
APD 212106
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.
APD 212063
The Appeals Panel reversed the administrative law judge’s decision to make a mathematical correction to the certification of maximum medical improvement / impairment rating.
APD 212037
The Appeals Panel reversed the administrative law judge’s decision on maximum medical improvement and impairment rating. The Appeals Panel noted that the administrative law judge’s discussion of the evidence was inconsistent with her determinations.
APD 211956
The Appeals Panel reversed the administrative law judge’s decision to reconstruct 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.
APD 211971
The Appeals Panel reversed the administrative law judge’s decision regarding extent of injury. The Appeals Panel held that when a designated doctor was not properly appointed in a case, the parties should receive the benefit of an impartial examination by a qualified designated doctor.
APD 211982
The Appeals Panel reversed the administrative law judge’s decision that the first certification of maximum medical improvement and impairment rating became final under Section 408.123 and Rule 130.12. The Appeals Panel reasoned that the deadlines for filing a dispute were tolled from February 12, 2021, through February 23, 2021, pursuant to Commissioner’s Bulletin # B-0008-21.
APD 211953
While not overruling the administrative law judge, the Appeals Panel clarified that under Section 504.019, as amended on September 1, 2019, PTSD in a first responder may be compensable even when it is caused by more than one event occurring in the course and scope of employment.
APD 211980
The Appeals Panel reversed the administrative law judge’s decision regarding maximum medical improvement and impairment rating. The Appeals Panel noted that the certifying doctor did not have all the claimant’s medical records, specifically physical therapy records, before making a determination.
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.