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Appeals' Panel Decisions

APD 201337

The Appeals Panel remanded the case back to the administrative law judge because the administrative law judge’s statements that certain medical records did not mention the compensable injury was a misstatement of the evidence.

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APD 201401

The appeals panel remanded the case back to the administrative law judge to consider whether the claimant had good cause for failing to attend the contested case hearing.

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APD 201283

The appeals panel remanded the decision because the administrative law judge did not consider all of the conditions which comprise the compensable injury when making her determination of disability.

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APD 201244-s

The appeals panel issued an S-case remanding the matter back to the administrative law judge. The appeals panel found that when a designated doctor issues simultaneous valid certifications while assessing extent-of-injury, Rule 130.12 applies, even when neither party raised an extent-of-injury dispute at the contested case hearing. Because rule 130.12 applied, the appeals panel determined that neither certification became final. The appeals panel also found that the administrative law judge did not abuse his discretion in denying the carrier’s continuance request for an RME because the carrier waited over eight months after the designated doctor’s exam to request the RME.

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APD 201179

The appeals panel remanded the case back to the administrative law judge to make a necessary finding on direct result for the fourth quarter of supplemental income benefits.

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APD 201172

The appeals panel rendered a new decision that the claimant was entitled to the second quarter of supplemental income benefits. The administrative law judge found that the claimant failed to make the required number of job searches for two weeks during the qualifying period. The appeals panel noted that the two weeks were at a time that the work search compliance standards for supplemental income benefits were suspended due to the public health disaster pursuant to Commissioner’s Bulletin # B-0012-20.

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APD 201177

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). This case returns following our remand in Appeals Panel Decision (APD) 200637, decided June 1, 2020. No contested case hearing (CCH) on remand was held. In the original CCH held on March 11, 2020, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ), the ALJ resolved the disputed issues by

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APD 201110

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on July 2, 2020, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the sole disputed issue by determining that the compensable injury of (date of injury), does not extend to right shoulder full thickness tear of the supraspinatus, right shoulder

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APD 201042

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on June 11, 2020, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the compensable injury sustained on (date of injury), does not extend to a right shoulder labral tear, right shoulder partial tear

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APD 200978

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on May 19, 2020, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the compensable injury sustained on (date of injury), does not extend to a disc protrusion/herniation at C2-3, disc bulge at

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