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 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 211816
The Appeals Panel reversed the administrative law judge’s decision that the date of maximum medical improvement was August 1, 2020. The Appeals’ Panel found that the actual date certified was August 21, 2020. The Appeals’ Panel noted that a clerical correction was not appropriate because all references throughout the decision were to the incorrect date.
APD 211751
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 211713
The Appeals Panel reversed the Administrative Law Judge’s decision that the claimant had not reached maximum medical improvement. The Appeals Panel reasoned that, because the date of statutory maximum medical improvement had passed as of the date of the hearing, a determination must be made.
APD 211752
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 211628
The Appeals Panel reversed the Administrative Law Judge’s decision on maximum medical improvement and impairment rating because of internal inconsistencies in the adopted doctor’s report. Specifically, the doctor’s report did not consider the pending treatment for the claimant’s injuries that were determined to be part of the compensable injury.
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 211581
The Appeals Panel reversed the Administrative Law Judge’s decision on maximum medical improvement and impairment rating because of internal inconsistencies in the doctor’s report regarding the date of maximum medical improvement.