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 July 9, 2025, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the appellant/cross-respondent (claimant) sustained a compensable injury on (date of injury); (2) the claimant had disability resulting from the compensable injury from August 30, 2024, to September 27, 2024, but not thereafter through the date of the CCH.
The claimant appealed that portion of the ALJ’s disability determination that was against him. The respondent/cross-appellant (carrier) responded, contending that there are clerical errors in the Discussion portion of the ALJ’s decision. The carrier also appealed the ALJ’s determinations regarding compensability and that portion of the ALJ’s disability determination that was for the claimant. The claimant filed a response to the carrier’s cross-appeal.
DECISION
Affirmed in part and reversed and remanded in part.
The claimant, an oil field surveyor, claimed he was injured on (date of injury), when he became dizzy and fell while trying to get out of a truck. The claimant testified that he hit his head on the door frame of the truck as he fell to the ground.
COMPENSABILITY
The ALJ’s determination that claimant sustained a compensable injury on (date of injury), is supported by sufficient evidence and is affirmed.
DISABILITY
The ALJ determined that the claimant had disability resulting from the compensable injury from August 30, 2024, to September 27, 2024, but not thereafter through the date of the CCH. In Finding of Fact No. 4, the ALJ found that the compensable injury of (date of injury), was a cause of the claimant’s inability to obtain and retain employment at wages equivalent to his pre-injury wage from August 30, 2024, to September 27, 2024, but not thereafter through the date of the CCH. She also determined in Conclusion of Law No. 4 that the claimant had disability resulting from the compensable injury from August 30, 2024, to September 27, 2024, but not thereafter through the date of the CCH. However, in her discussion of the evidence, the ALJ stated that, “[t]he claimant met his burden of proof to show that his claimed injury was a cause of his disability from August 30, 2025, to February 27, 2025, but not thereafter through the date of this hearing.” The ALJ’s discussion of the evidence is inconsistent with her disability determination. Accordingly, we reverse the ALJ’s determination that the claimant had disability resulting from the compensable injury from August 30, 2024, to September 27, 2024, but not thereafter through the date of the CCH, and we remand the disability issue to the ALJ for further action consistent with this decision. See Appeals Panel Decision (APD) 211383, decided October 7, 2021; and APD 210422, decided May 26, 2021.
We also note that the ALJ stated in her decision that the claimant was terminated on September 27, 2025; however, the evidence indicates that the claimant was terminated on September 27, 2024.
REMAND INSTRUCTIONS
On remand the ALJ is to make a determination regarding whether the claimant had disability resulting from the compensable injury from August 30, 2024, through the date of the CCH that is supported by the evidence and to clarify the inconsistency between her findings and determinations and the discussion of the evidence.
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 APD 060721, decided June 12, 2006.
The true corporate name of the insurance carrier is NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
1999 BRYAN STREET, SUITE 900
DALLAS, TEXAS 75201-3136.
Cristina Beceiro
Appeals Judge
CONCUR:
Carisa Space-Beam
Appeals Judge
Margaret L. Turner
Appeals Judge