Judge Erred in Issuing Decision Based on Future Evaluation

An administrative law judge erred by issuing a decision that a claimant was entitled to a spinal stimulator based on the results of a future evaluation, rather than basing her decision upon the evidence in the record, an appellate court ruled.Case: Sea Ark Marine Inc. v. Pippinger, No. CA08-776, 4/1/09, published.Facts:Jerry Pippinger injured his left foot and ankle in May 2004, when he became entangled in several hoses and fell from a large boat at his employer's production facility. He was 62 at the time of the injury.Pippinger was later diagnosed with a compressed fracture of the left c...