What the panel ordered
Order Denying Request for a Jackson Reservation affirmed
Petition for Reconsideration granted to study factual and legal issues; decision after reconsideration issued affirming prior order denying Jackson reservation
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Other disputed issueDefendant prevailedcoronary artery disease
Applicant's coronary artery disease is not a progressive insidious disease; the AME opined the condition is stable and permanent and stationary, insufficient to reserve jurisdiction under Jackson.
From the decision · page 6Based on the facts presented here, applicant's coronary artery disease is not a progressive insidious disease. Applicant's disease is not progressively worsening. To the contrary, the AME opines that applicant's disease has stabilized and applicant is permanent and stationary. It is not enough to show that a disease process may worsen at some point in the future. That is true of every disease or condition. Instead, applicant must show to a reasonable degree of medical probability that the disease is actually getting worse.