Highlights of Noteworthy Decisions

Decision 1454 13 I
11/09/2013
J. Moore - B. Wheeler - R. Lebert
  • Evidence (relevance)

The worker suffered a compensable injury in February 2009. The employer appealed a decision of the Appeals Resolution Officer granting the worker entitlement for psychotraumatic disability and permanent knee impairment, as well as LOE benefits until the date of the ARO decision in January 2012.

In this decision, the Panel ruled on whether to consider certain evidence submitted by the employer.
The evidence consisted of surveillance tapes of the worker in November 2012. This evidence was not relevant to the issue of the worker's medical and functional state in the period up to January 2012. The ARO decision granted LOE benefits only until the date of the decision in January 2012. Benefits after that date would be left to be determined by the Board's operation level.
The evidence was not relevant to the period of time addressed by the ARO and, accordingly, could not be used in the hearing.