After the hearing, the Hearing Officer sent a letter of clarification to the Designated Doctor. The Hearing Officer allowed both parties to respond to the designated doctor’s letter. The Claimant’s attorney faxed her rebuttal to the correct DWC office and confirmed receipt. However, DWC stamped the copy “Late” and refused to consider the arguments.
The Appeals Panel reversed, finding the Claimant timely submitted her response and the Hearing Officer should consider the arguments and positions discussed in the Claimant’s response before issuing a decision.
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