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In Re: Keith O. Browne, BIIA Dec., 06 13972 (2007)

Case Conclusion Date: 06.04.2007

Practice Area: Workers compensation

Outcome: Claimant entitled to hearing regarding medical benefits.

Description: Claimant appealed to the Board of Industrial Insurance Appeals (BIIA) from an order issued by the Department of Labor and Industries stating that his work-related left shoulder condition was medically fixed and stable. The order was based upon a prior BIIA decision containing several apparant errors that exceeded the BIIA's scope of review. The erroneous portions of the prior BIIA decision contradicted the bulk of its decision. The Board held that the Department's order was not purely ministerial in nature, that the doctrines of res judicata and collateral estoppel did not apply, and that claimant was entitled to a hearing.

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