Texas: Maximum Medical Improvement/Impairment Rating Appeals Decision No. 100152

The Designated Doctor evaluated the injured worker and determined she was not at maximum medical improvement because she was considering surgery. The Claimant did not have surgery. Subsequently, DWC sent a letter of clarification to the Designated Doctor indicating the Claimant reached statutory maximum...

Texas Appeals Panel Decision No. 100111 – Impairment Rating

By Stuart D. Colburn, Shareholder, Downs Stanford In Appeals Panel decision No. 100111, t he Designated Doctor certified maximum medical improvement using range of motion. The Designated Doctor applied the wrong upper extremity impairment due to external rotation using Figure 38, page 3/45. The Designated...

Texas Appeals Panel Decision 100536 – Impairment Rating (IR)

By Stuart D. Colburn, Shareholder, Downs Stanford The Designated Doctor (DD) diagnosed a cervical sprain/strain and certified maximum medical improvement (MMI). At the Contested Case Hearing (CCH), the parties stipulated the injury extended to and included a disc herniation at C4-5. The Appeals...

Vermont Workers' Compensation Update: January to March 2011

Anne Noonan has been named the new Commissioner of the Department of Labor. Ms. Noonan has experience in the VT workers' compensation arena with her prior work with the VSEA. Mary Sarazin, formerly an attorney with Chip Powell's office, has taken a position with the Department as a Specialist...

Five Recent Cases You Should Know About (4/29/2011)

Larson's Spotlight on Unexplained Fall, AMA Guides, Self-Insurers, Chiropractic Treatment, and Credit . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Texas: Caselaw Review of In re Severiano DeLeon v. Royal Indemnity Co. (03-08-00532-CV) 01/27/2010

By Stuart D. Colburn, Shareholder, Downs Stanford This case concerns the proper impairment rating and procedure when overturning an impairment rating calculated in accordance with DWC Advisory 2003-10 and Advisory 2003-10B. The designated doctor and treating doctor utilized DWC Advisory 2003...

Texas: SORM v Rodriguez 08-10-00278

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford This case addresses when a DWC-69 is required after a change in an impairment rating (IR) due to a mathematical error. State Office of Risk Mgmt. v. Rodriguez , 2011 Tex. App. LEXIS 6839 (Tex. App. El Paso Aug. 26, 2011) . The Appeals Panel...

Texas: SORM v Rodriguez 08-10-00278

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford This case addresses when a DWC-69 is required after a change in an impairment rating (IR) due to a mathematical error. State Office of Risk Mgmt. v. Rodriguez , 2011 Tex. App. LEXIS 6839 (Tex. App. El Paso Aug. 26, 2011) . The Appeals Panel...

Kentucky Workers’ Compensation Board Opinions for August 2012

By Marcus A. Roland, Esq. The Kentucky Workers' Compensation Board rendered 52 decisions for the month of August, 2012. Summaries regarding opinions of note are set forth below. Bush v. Jack Cooper Transport, et al , Claim No. 2007-7362 (August 9, 2012) : This is the claimant's appeal stemming...

Pennsylvania: Court Disqualifies Impairment Rating Evaluation of Board-Certified MD on Statutory Grounds

A Pennsylvania appellate court affirmed the denial of an employer’s petition to modify an injured employee’s benefits on the ground that the physician who performed the Impairment Rating Evaluation (IRE) on which the Modification Petition was based did not meet the requirement of Section...

Vermont Workers' Compensation Update: January to March 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Chadwick Best an Attorney from Michigan will be filling the vacant Specialist II position at the Department SUPERIOR COURT DECISIONS Marshall v State of Vermont...