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Latest Decisions & Cases

APD 210626

The Appeals Panel reversed the Administrative Law Judge's decision for reconstruction of the record. The Appeals Panel noted that the number of pages indicated on the exhibit list did not match the number of pages in the exhibits.

Alleyton Resource Company v. Ball

The Fourteenth Court of Appeals (Houston) affirmed the final judgment of the lower court which found in favor of the Plaintiff-Employee's claim of retaliation for filing a workers' compensation claim.

Deljavan v. Goodwill Industries of Fort Worth

The U.S. Magistrate for the U.S. District Court - Northern District of Texas (Fort Worth) dismissed Plaintiff-Employee's workers compensation retaliation claim because it did not raise an issue of federal law and the Court declined to exercise supplemental jurisdiction.

APD 210524

The Appeals Panel reversed the Administrative Law Judge's decision for reconstruction of the record. The Appeals Panel noted that the number of pages indicated on the exhibit list did not match the number of pages in the exhibits. The Appeals Panel also noted that clarification was needed from the designated doctor regarding the calculation of IR.

APD 210405

The Appeals Panel reversed the Administrative Law Judge's decision which found the claimant's certification of MMI/IR did not become final because it was not provided by verifiable means. The Appeals Panel confirmed that written notice is verifiable when it is provided from any source in a manner that reasonably confirms delivery to the party, and that this may include acknowledged receipt by the injured employee or insurance carrier, a statement of personal delivery, confirmed delivery by e-mail, confirmed delivery by facsimile transmission, or some other confirmed delivery to the home or business address.

Texas Mutual Insurance Company v. Ochoa

The Thirteenth Court of Appeals (Corpus Christi) reversed the lower court’s summary judgment in favor of Plaintiff-Beneficiary. The Court reasoned that, since the Appeals Panel found that Plaintiff-Beneficiary and Decedent-Employee were informally married, Defendant-Carrier had the burden to disprove the marriage. The Court found the evidence presented that Plaintiff-Beneficiary and Decedent-Employee were engaged and agreed to be married at some point in the future with no date yet set, is evidence that they were not presently married at the time of Decedent-Employee’s death. As such, Defendant-Carrier presented more than a scintilla of evidence and raised a genuine issue of material fact as to whether an agreement to be married existed at the time of Decedent-Employee’s death.

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