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In Appeal No. 240113, the TDI-DWC Appeals Panel has taken the unusual step of
reversing an ALJ’s decision and rendering a new one on the grounds that ALJ
abused his/her discretion by relieving a claimant from the effects of a
DWC-24.
In the DWC-24, the claimant and carrier agreed that the compensable injury
extends to include right wrist volar carpal ganglion cyst and they agreed to
adopt the date of MMI and the 2% impairment rating assigned by a designated
doctor. Later, however, the claimant argued at a contested case hearing that
she should be relieved from the effects of the agreement because she cannot
read English and the ombudsman assisting her did not fully explain the
agreement to her.
The ALJ found that no fraud or misrepresentation was involved in procuring the
agreement and the claimant was provided with sufficient time to review the
agreement before she signed it. However, the ALJ found that good cause existed
to relive the claimant from the effects of the agreement because the 2% IR
assigned by the designated doctor was a result of misapplication of the Guides to the Evaluation of Permanent
Impairment.
But the Appeals Panel concluded that the calculation of the claimant’s IR
required rounding, which requires medical judgement, so the evidence did not
support the ALJ’s determination that the 2% IR assigned by the designated
doctor was a result of misapplication of the Guides.
Accordingly, the Appeals Panel reversed the ALJ’s decision and rendered a new
decision that there is no good cause for relieving the claimant from the
effects of the agreement and it is final and binding.
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