APD 211764
The Appeals Panel reversed the Administrative Law Judge’s decision on impairment rating because of internal inconsistencies in the doctor’s report. Specifically, the doctor rated radiculopathy which was determined not to be part of the compensable injury.
APD 211600
The Appeals Panel reversed the administrative law judge’s decision regarding disability because there was no specific finding of fact regarding the issue of disability as was certified in this case.
APD 211462
The Appeals Panel reversed the administrative law judge’s decision for reconstruction of the record. The Appeals Panel noted that there was only a partial recording of the hearing.
APD 211412
The Appeals Panel reversed the Administrative Law Judge’s decision on impairment rating because of internal inconsistencies in the doctor’s report. In the narrative of the report, the doctor certified a 0% impairment rating. However, on the DWC-69, the doctor marked that the claimant had no permanent impairment rating. The Appeals Panel noted that a certification of no impairment is different and distinct from a 0% impairment rating.
APD 211335
The Appeals Panel reversed the Administrative Law Judge’s decision regarding compensability. The Appeals Panel reasoned that, where the Administrative Law Judge found the insurance carrier waived its right to contest compensability and failed to appeal that determination, the injury must be deemed a compensable injury.
APD 211352
The Appeals Panel reversed the Administrative Law Judge’s decision to correct the disability period.
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.
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.
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.
APD 211148
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.