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Texas Appeals Panel Decision No. 100203 – Waiver

12 Oct, 2010 WorkersCompensation.com

                               

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   By Stuart D. Colburn, Shareholder, Downs Stanford

The Claimant alleged carrier did not dispute compensability by timely filing a PLN-1.  The carrier received written notice of the injury on August 11, 2009.  A PLN-1 dated August 31, 2009 was in evidence but did not include a DWC date stamp.

The carrier attached a date-stamped copy of the PLN-1 to its appeal.  The Hearing Officer's decision and order indicated he reviewed the Division's electronic filing system but apparently did not take official notice of the records.  The Division found the Hearing Officer erred by not taking official notice of the DWC records with regard to the PLN-1.  The Appeals Panel cited APD 091229 where the Appeals Panel reversed a finding of waiver when the carrier attached a date-stamped PLN-11 to its appeal.  The Appeals Panel reversed and remanded for further findings.

This post is provided by LexisNexis Workers' Compensation Law Community. 

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