Texas: Appeals Panel Decision Review (6/14/2010)

APD 091807 ( 2010 TX Wrk. Comp. LEXIS 11 ) Issue: TIBs At the first Contested Case Hearing, the parties stipulated an average weekly wage of $677.38. Further, the parties did not appeal the Hearing Officer’s finding the post injury earnings from the bona fide job offer of employment (BFOE...

Texas: SORM v. Ramirez - Unreliable Medical Report

STATE OFFICE OF RISK MANAGEMENT vs. RUBEN C. RAMIREZ Not Reported, 2010 Tex. App. LEXIS 4956 (Tex.App.-San Antonio, 2010) –Unreliable Medical Report Mr. Ramirez sustained a compensable injury in the course and scope of his employment on March 10, 1999. He underwent surgery to his lumbar spine...

Texas Appeals Panel Decision No. 100201 – Contested Case Hearing Procedure

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...

Texas Appeals Panel Decision Nos. 100234 and 100264 – AMA Guides

By Stuart D. Colburn, Shareholder, Downs Stanford Appeals Panel Decision No. 100234 – AMA Guides The Claimant sustained a compensable low-back injury. He underwent spinal surgery, suffered an infection, and underwent numerous surgeries in an attempt to remove the infection. He ended up developing...