APD 220792
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 220639
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 220683
The Appeals Panel reversed the decision of the Administrative Law Judge because there was no certification in evidence rating the compensable injury in the case.
APD 220579
The Appeals Panel reversed the Administrative Law Judge’s decision that the certification of maximum medical improvement / impairment rating became final. The Appeals Panel noted that the certifying doctor was no longer authorized to serve as designated doctor when the certification was submitted, and therefore, the certification was not valid.
APD 212101
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 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 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.
APD 211389
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 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 211091-s
The Appeals Panel reversed the Administrative Law Judge’s decision that the certification of maximum medical improvement became final. The Appeals Panel found that there was compelling evidence of a significant error in applying the AMA Guides. Specifically, the Appeals Panel determined that impairments in the same lower extremity part must be added rather than combined. This decision overturned prior Appeals Panel decisions.