This appeal arises pursuant to the Texas Workers’ Compensation Act, Tex. Lab. Code Ann. § 401.001 et seq. (1989 Act). A contested case hearing was held on September 3, 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 compensable injury of (date of injury), extends to traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD); (2) the date of maximum medical improvement (MMI) is March 7, 2024; and (3) the respondent’s (claimant) impairment rating (IR) is 39%. The appellant (carrier) appealed all of the ALJ’s determinations and contended that the ALJ stated the incorrect mechanism of injury in his decision. The claimant responded, urging affirmance of the ALJ’s determinations.
DECISION
Reversed and remanded.
The parties stipulated, in part, that the claimant sustained a compensable injury on (date of injury), in the form of at least third-degree electrical burns of the left upper extremity, including the left elbow, left forearm, left wrist, and left fingers. The claimant, an electrician, testified that he was working on a powerline while in a bucket truck when he was electrocuted and lost consciousness.
EXTENT OF INJURY
The ALJ determined the compensable injury extends to the claimed conditions. The ALJ stated in the discussion portion of the decision that “the claimant sustained a compensable injury on (date of injury), when he tripped on a protruding drain and fell onto his right knee.” The ALJ has misstated the claimant’s mechanism of injury in this case. We view the ALJ’s misstatement of the evidence as a material misstatement of fact. While the ALJ can accept or reject in whole or in part the evidence regarding the claimed injury, his decision in this case is based upon an incorrect mechanism of injury and requires that we reverse his determination on the extent of the claimant’s compensable injury. See Appeals Panel Decision (APD) 172522, decided December 6, 2017, and APD 210449, decided May 24, 2021. We reverse the ALJ’s determination that the compensable injury of (date of injury), extends to TBI and PTSD, and we remand the issue of whether the compensable injury of (date of injury), extends to TBI and PTSD to the ALJ for further action consistent with this decision.
MMI AND IR
Since we have reversed and remanded the extent-of-injury issue, we also reverse the ALJ’s determinations that the claimant reached MMI on March 7, 2024, with a 39% IR and remand the issues of MMI and IR to the ALJ for further action consistent with this decision.
REMAND INSTRUCTIONS
On remand, the ALJ is to correct his misstatement of the evidence regarding the mechanism of the compensable injury. The ALJ shall consider all of the evidence and make findings of fact, conclusions of law, and a determination of whether the compensable injury of (date of injury), extends to TBI and PTSD. The ALJ is then to make findings of fact, conclusions of law, and determinations on the claimant’s date of MMI and IR that is supported by 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 SERVICE LLOYDS INSURANCE COMPANY and the name and address of its registered agent for service of process is
J. KELLY GRAY, PRESIDENT
6907 N. CAPITAL OF TEXAS HWY
AUSTIN, TEXAS 78731-1755.
Cristina Beceiro
Appeals Judge
CONCUR:
Carisa Space-Beam
Appeals Judge
Margaret L. Turner
Appeals Judge