The claimant, a 56-year-old catering driver that alleges a right elbow/forearm injury sustained while pulling the emergency brake in his delivery truck on October 28,2020. This matter was established to the right elbow and forearm pursuant to the Proposed Notice of Decision filed on February 11, 2021.
An IME was performed on April 26, 2022. He opined a 10% SLU of the right elbow.
An EC-81.7 was issued May 19, 2022 that gave the claimant 60 days to obtain a permanency report. The claimant failed to do so and an RFA-2 was filed by us on October 27, 2022 to address permanency.
At the last hearing the Law Judge addressed the RFA-2. We argued for preclusion of a treating report on the issue of permanency as the claimant failed to comply with the EC-81.7. Ultimately, the Law Judge agreed with our position and implemented the IME opinion of a 10% SLU of the right elbow. The case was marked no further action.
