Appeals Panel Reverses Doctor’s Certification that Considered Contribution
The appeals panel posted a new decision on the Division’s website on June 4, 2015. In Texas Division of Workers’ Compensation Appeals Panel Decision No. 150378 the appeals panel reversed a hearing officer’s decision that the claimant had a zero percent IR. The appeal was taken by the claimant.
Where a doctor clearly took into consideration an IR from a prior workers’ compensation injury to determine the claimant’s IR for a current compensable injury, and the amount of contribution from a prior compensable injury was not in dispute and was not actually litigated by the parties, it was error for the hearing officer to adopt the IR assigned by doctor. Accordingly, the appeals panel reversed the hearing officer’s determination that the claimant’s had an impairment rating in accordance with that doctor’s opinion.
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