APD 210651
The Appeals Panel reversed the decision because the Administrative Law Judge based her extent-of-injury determination, in part, on a misreading of the designated doctor’s extent-of-injury opinion.
APD 210601
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.
APD 210517
The Appeals Panel reversed the Administrative Law Judge’s decision that the insurance carrier was liable for payment of accrued benefits pursuant to rule 124.3. The Appeals Panel noted that rule 124.3 does not apply in a case where the insurance carrier does not file a dispute of compensability or liability.
APD 210524
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. The Appeals Panel also noted that clarification was needed from the designated doctor regarding the calculation of IR.
APD 210605
The Appeals Panel reversed the Administrative Law Judge’s decision for reconstruction of the record because there was no recording in the file.
APD 210457
The Appeals Panel reformed the decision because the Administrative Law Judge mistakenly referred to the date of one of the bone fide offers of employment as June 24, 2020, instead of June 25, 2020.
APD 210421
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.
APD 210284
The Appeals Panel clarified the Administrative Law Judge’s decision by explaining that the claimant’s failure to attend a referral appointment of a designated doctor could allow the insurance carrier to suspend income benefits under Rule 127.25, unless the claimant shows good cause.
APD 210393
The Appeals Panel reversed the decision because, in determining average weekly wage, the Administrative Law Judge considered only the injured self-employed claimant’s business income and failed to consider the business expenses.
APD 210056
The Appeals Panel reversed the Administrative Law Judge’s decision holding that where a designated doctor has been appointed by the Division for the specific issue of extent of injury, it is error for the ALJ to fail to request that the designated doctor’s report on extent of injury be admitted into evidence or admit the designated doctor’s report on extent of injury as an ALJ’s exhibit. Further, the Administrative Law Judge failed to make a finding on a disability period at issue in the case.