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Adkins v. Elkhorn City Area Ambulance5/27/2005
f Dr. Lockstadt's report which recommended additional surgery, Adkins insists that he implicitly requested additional TTD benefits in his motion to reopen. Since he raised TTD benefits in his motion, he claims that the statute of limitations did not bar his motion.
This argument lacks merit. In his motion, Atkins failed to argue that he was entitled to additional TTD benefits; in fact, Adkins neither mentioned nor alluded to TTD benefits in the motion. Thus, the Board did not err when it determined that Adkins had failed to raise this issue before the CALJ, thereby failing to preserve it for appeal.
When the Board reviewed the CALJ's decision, it neither misconstrued controlling law nor erred in evaluating the evidence. Therefore, its opinion is affirmed.
ALL CONCUR.
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