APD 230145
The Appeals Panel reversed the Administrative Law Judge’s decision regarding whether short-term disability payments were considered post-injury earnings. The Appeals Panel found that, because the short-term disability benefits were funded by the employer, they were post-injury earnings.
APD 230230
The Appeals Panel reversed the Administrative Law Judge’s decision regarding timely reporting. The Appeals Panel noted that where the 30th day after the date of injury was a Sunday, notice of injury was timely when given on the next working day, a Monday.
APD 230114
The Appeals Panel reversed the decision of the Administrative Law Judge regarding disability because the determination exceeded the scope of the disability issue to decide.
APD 221983
The Appeals Panel reversed the decision of the Administrative Law Judge regarding maximum medical improvement. The Appeals Panel noted that the administrative law judge rejected a certification of maximum medical improvement because it did not establish the claimant’s compensable injury actually improved after an earlier date of MMI. The Appeals Panel reaffirmed that the test is not whether the injured employee actually improved but whether, based upon reasonable medical probability, material recovery or lasting improvement could reasonably be anticipated.
APD 222001
The Appeals Panel affirmed the administrative law judge’s decision; however, it noted that the judge’s decision mistakenly discussed a previous certification even though the judge ultimately decided the impairment rating based on a later response to a request for a letter of clarification.
APD 221902
The Appeals Panel reversed the administrative law judge’s decision regarding extent of injury because the administrative law judge ruled on conditions that were not part of the submitted issue.
APD 221683
The Appeals Panel reversed the administrative law judge’s decision regarding impairment rating. The Appeals Panel noted that the certifying doctor rated a distal clavicle resection that was not treatment for the compensable injury.
APD 221596
The Appeals Panel reversed the decision of the administrative law judge to make a mathematical correction to the certification of maximum medical improvement and impairment rating.
APD 221349
The Appeals Panel reversed the administrative law judge’s decision regarding finality of a certification of maximum medical improvement / impairment rating. The Appeals Panel noted that a DRIS note in DWC’s computer indicating the claimant called to dispute the certification was insufficient to establish that the report was delivered to the claimant by verifiable means.
APD 221028
The Appeals’ Panel reversed the decision because the administrative law judge failed to make a conclusion of law and decision regarding the average weekly wage issue.