August 19, 2023

Medical Panel Not Following the ALJ's Instruction

Read the latest Winning Orders and Case Law Updates for Arizona, Colorado, Utah and more.
August 19, 2023
Medical Panel Not Following the ALJ's Instruction

In Horning, the claimant argued that the Utah Labor Commission (the Labor Commission) exceeded its discretion in considering a medical panel’s report, which he alleged was tainted by exposure to descriptions of surveillance video that had been excluded from evidence. The exclusion included a stipulation that two pages of medical records that contained a description […]

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August 19, 2023
Medical Probability

In C.R. England, Respondents challenged a medical panel’s report arguing that the panel failed to adequately support its recommendation for cognitive behavioral therapy. In support of the recommendation, the medical panel stated its belief that cognitive behavior therapy “may be beneficial” to the claimant. Respondents argued that the use of the word “may” indicated that […]

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August 19, 2023
Recording IME

In Barker, the claimant refused to participate in an IME requested by Respondents unless he could video and audio record the IME. A dispute arose between the parties and an ALJ eventually compelled the claimant to attend the IME without a video recording. The claimant appealed the determination to not allow a video recording of […]

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August 18, 2023
Reopening

In Romero, the claimant sustained an admitted injury to his right shoulder in 2020 while working as a correctional officer. The claim was closed by Final Admission of Liability in September 2021. The claimant filed a petition to reopen for worsening of condition which went to hearing in March 2022. The ALJ denied the claimant’s […]

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