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Industrial Commission Updates Adjudications Before the Industrial Commission

The Industrial Commission updated Policy Memos D8 and S11, effective July 30, 2018.

Memo D8 pertains to acceptable certification for temporary total disability compensation.  As a general rule, compensation must be certified by doctors, chiropractors, and psychologists.  However, during the first 6 weeks after an injury, a certified nurse practitioner, clinical nurse specialist, or physician assistant may provide certification of disability.

Memo S11  pertains to requests for allowances based on alternative theories, including direct causation, substantial aggravation, or flow-through.  The updated policy allows parties to request additional time to submit evidence on such theories of recovery if the theory of recovery was not formally requested and is raised for the first time at a hearing.  The policy provides the hearing officer may continue the hearing for at least 30 days to allow parties an adequate opportunity to obtain evidence in support of their position.

The Commission also adopted a new policy, Memo F6, which sets forth the starting dates for compensation for scheduled loss awards.  In the case of amputation or actual loss, the start date is the date of amputation or loss.  In the case of loss of use, the start date is the date of the earliest medical evidence relied upon in support of the award.

You can review the Commission’s policies here.

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