This appeal arises pursuant to the Texas Workers’ Compensation Act, Tex. Lab. Code Ann. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on March 10, 2025, in (city), Texas, with Hector Martinez presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the compensable injury of (date of injury), does not extend to concussion without loss of consciousness; (2) the appellant (claimant) reached maximum medical improvement (MMI) on July 11, 2024; (3) the claimant’s impairment rating (IR) is zero percent; and (4) the average weekly wage (AWW) is $405.86. The claimant appealed, disputing the ALJ’s determinations. The claimant also pointed out that the decision fails to include a finding of fact on the AWW issue. The respondent (self-insured) responded, urging affirmance of the ALJ’s determinations.
DECISION
Affirmed in part and reversed and remanded in part.
The parties stipulated, in part, that the claimant sustained a compensable injury on (date of injury), that extends to at least a contusion to the scalp, a head contusion, a cervical strain, and a cervical sprain. The claimant, a school district employee, was injured on (date of injury), when he was hit on the head by a 3/8-inch tow chain that snapped while he was pulling trees for a school event.
EXTENT OF INJURY
The ALJ’s determination that the compensable injury of (date of injury), does not extend to concussion without loss of consciousness is supported by sufficient evidence and is affirmed.
MMI/IR
The ALJ’s determinations that the claimant reached MMI on July 11, 2024, and that the claimant’s IR is zero percent are supported by sufficient evidence and affirmed.
AWW
Section 410.168 provides that an ALJ’s decision contain findings of fact and conclusions of law, a determination of whether benefits are due, and an award of benefits due. 28 Tex. Admin. Code § 142.16 (Rule 142.16) provides that an ALJ’s decision shall be in writing and include findings of fact, conclusions of law, and a determination of whether benefits are due and if so, an award of benefits due.
One of the issues properly before the ALJ to resolve was the claimant’s AWW. Although the decision contains a conclusion of law and a decision on that issue, the decision does not contain any findings of fact on the AWW issue. The ALJ’s decision does not comply with Section 410.168 and Rule 142.16. Accordingly, we reverse the ALJ’s decision as being incomplete and we remand the issue of the claimant’s AWW to the ALJ for further action consistent with this decision.
SUMMARY
We affirm the ALJ’s determination that the compensable injury of (date of injury), does not extend to concussion without loss of consciousness.
We affirm the ALJ’s determination that the claimant reached MMI on July 11, 2024.
We affirm the ALJ’s determination that the claimant’s IR is zero percent.
We reverse the ALJ’s decision as being incomplete, and we remand the issue of the claimant’s AWW to the ALJ for further action consistent with this decision.
REMAND INSTRUCTIONS
On remand the ALJ is to make findings of fact, conclusions of law, and a decision on the claimant’s AWW.
Pending resolution of the remand, a final decision has not been made in this case. However, since reversal and remand necessitate the issuance of a new decision and order by the ALJ, a party who wishes to appeal from such new decision must file a request for review not later than 15 days after the date on which such new decision is received from the Texas Department of Insurance, Division of Workers’ Compensation, pursuant to Section 410.202 which was amended June 17, 2001, to exclude Saturdays and Sundays and holidays listed in Section 662.003 of the Texas Government Code in the computation of the 15-day appeal and response periods. See Appeals Panel Decision 060721, decided June 12, 2006.
The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
(NAME)
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Carisa Space-Beam
Appeals Judge
CONCUR:
Cristina Beceiro
Appeals Judge
Margaret L. Turner
Appeals Judge