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Click here for the full text of this decision FACTS:Manny Casillas was injured during the course of his employment with the State Department of Human Resources. He sought lifetime income benefits under the workers’ compensation statute, claiming the loss of both hands. The compensation commission denied the request, and an appeals panel affirmed. Casillas then filed for judicial review in a trial court against the State Office of Risk Management (SORM). SORM filed a no-evidence summary judgment motion. In his response, Casillas relied on an EMG/NCV report, his own affidavit and the affidavit of Dr. Manuel Moreno. The EMG/NCV report indicated that Casillas exhibited abnormal activity in both upper extremities, with more prominent injury to the right side than to the left. The doctor who signed this report did not list his area of expertise. Casillas’ affidavit stated that he had been diagnosed with bilateral carpal tunnel syndrome. He said that his conditioned had worsened, but was more extreme on his right side. Moreno’s affidavit, which he signed in his capacity as Casillas’ treating doctor, said that he had read the EMG/NCV report. Although Moreno said that a copy of the EMG/NCV report was attached, it was not. He summarized the report’s conclusion and added that Casillas’ condition had worsened since the report was prepared. Moreno, who identified himself as a chiropractor, said that Casillas’ carpal tunnel syndrome affects “both his upper extremities from his wrist up both arms to his shoulders,” and that he could no longer keep employment. SORM objected to Moreno’s affidavit on the ground that the opinions on the affidavit were based on the EMG/NCV report and Moreno, as a chiropractor and not a radiologist, was not qualified to interpret the report. Casillas responded that the workers’ compensation statute, particularly Labor Code 401.011(17) defines “doctor” to include a chiropractor. The trial court granted SORM’s motion for summary judgment, and Casillas now appeals. HOLDING:Reversed and remanded. The court first confirms that it has jurisdiction. Labor Code 410.258 imposes a time limit for filing any proposed judgment on settlement. SORM claims that in this case the trial judge heard arguments on the summary judgment motion on the same day that he signed the judgment and therefore the judgment was not filed with the Commission thirty days before it was scheduled to be entered. The court finds that neither the judgment nor the record establishes that arguments were heard on the day the judgment was signed. Even if they were heard on the day the judgment was signed, that fact alone does not establish a violation of 410.258. The statute only requires that a”proposed judgment’ be filed with the commission 30 days before the court is scheduled to enter the judgment. It does not prohibit a party from filing a proposed judgment before arguments are heard on a summary judgment motion. Turning to the merits of Casillas’ appeal, the court says it is unnecessary to consider whether a chiropractor is qualified to interpret an EMG/NCV report because a fair reading of Moreno’s affidavit establishes that his opinion was based on his treatment of Casillas, not on his interpretation of the report. He signed it as Casillas’ treating physician, and he said Casillas’ condition had changed since the EMG/NCV report, for example. Plus, Moreno’s opinion is actually different from the findings in the EMG/NCV report’s summary, the court finds. The court concludes that Moreno’s affidavit is sufficient to raise a fact question as to whether Casillas has lost the use of both of his hands at or above the wrists. OPINION:Larsen, J.; Barajas, C.J., Larsen and Chew, JJ.

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