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 14, 2024, with the record closing on April 4, 2024, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the sole disputed issue by deciding that: (1) the compensable injury of (date of injury), extends to a left hip strain, left hip sprain, and lumbar strain; (2) the compensable injury of (date of injury), does not extend to C5-6 disc herniation with annular tear, T5-6 or T9-11 disc herniations, L5-S1 disc herniation with annular tear, cervical sprain, cervical strain, thoracic sprain, thoracic strain, right hip strain, right hip sprain, right knee sprain, or right knee strain. The appellant (claimant) appealed that portion of the ALJ’s determination that was against the claimant, as well as the ALJ’s finding of fact that he did not have good cause for failing to appear at the March 14, 2024, CCH. The respondent (carrier) responded, urging affirmance of the appealed portion of the ALJ’s determination and the ALJ’s finding of fact that the claimant did not have good cause for failing to appear at the CCH. That portion of the ALJ’s determination that the compensable injury of (date of injury), extends to a left hip strain, left hip sprain, and lumbar strain was not appealed and has become final pursuant to Section 410.169.
DECISION
Affirmed in part and reversed and remanded in part.
The claimant did not attend the CCH, though his attorney was present. A 10-day letter was sent to the claimant, but he did not respond. At the CCH the claimant’s attorney and the carrier stipulated that the claimant sustained a compensable injury on (date of injury), that extends to at least a left hip contusion. The documentary evidence reflects the claimant was injured on (date of injury), when a vehicle struck him from behind while he was standing, which caused him to fall back onto the vehicle’s hood.
The ALJ is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). As an appellate reviewing tribunal, the Appeals Panel will not disturb challenged factual findings of an ALJ absent legal error, unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
GOOD CAUSE FOR FAILURE TO ATTEND MARCH 14, 2024, CCH
The ALJ’s finding of fact that the claimant did not have good cause for failing to appear at the March 14, 2024, CCH is supported by sufficient evidence and is affirmed.
EXTENT OF INJURY
That portion of the ALJ’s determination that the compensable injury of (date of injury), does not extend to C5-6 disc herniation with annular tear, T5-6 or T9-11 disc herniations, L5-S1 disc herniation with annular tear, cervical sprain, cervical strain, thoracic sprain, thoracic strain, right hip strain, right knee sprain, or right knee strain is supported by sufficient evidence and is affirmed.
The Benefit Review Conference (BRC) report in evidence reflects the disputed conditions to be addressed included bilateral hip sprains. However, at the CCH the ALJ did not mention bilateral hip sprains in the list of disputed extent-of-injury conditions. The record does not establish the parties agreed to amend the extent-of-injury issue to address bilateral hip sprains. The ALJ made findings of fact, conclusions of law, and a decision that the compensable injury extends to left hip sprain but does not extend to right hip sprain. As previously mentioned, the ALJ’s determination that the compensable injury extends to left hip sprain was not appealed and has become final pursuant to Section 410.169. However, the ALJ’s determination that the compensable injury does not extend to right hip sprain was appealed. Although the condition of bilateral hip sprains was included in the BRC report, it was not included as part of the extent-of-injury issue certified at the CCH.
We reverse the ALJ’s extent-of-injury determination as being incomplete and remand the extent-of-injury issue to the ALJ to clarify whether the parties agreed the extent-of-injury issue should address right hip sprain as stated in the decision or whether the parties agreed the extent-of-injury issue should not address right hip sprain as reflected on the record.
SUMMARY
We affirm that portion of the ALJ’s determination that the compensable injury of (date of injury), does not extend to C5-6 disc herniation with annular tear, T5-6 or T9-11 disc herniations, L5-S1 disc herniation with annular tear, cervical sprain, cervical strain, thoracic sprain, thoracic strain, right hip strain, right knee sprain, or right knee strain.
We reverse the ALJ’s extent-of-injury determination as being incomplete, and remand the extent-of-injury issue to the ALJ to clarify whether the parties agreed that issue should address right hip sprain as stated in the decision or whether the extent-of-injury issue should not address right hip sprain as reflected on the record.
REMAND INSTRUCTIONS
On remand the ALJ is to clarify whether the extent-of-injury issue in dispute should address right hip sprain. The ALJ is to make findings of fact, conclusions of law, and a decision 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 Appeals Panel Decision 060721, decided June 12, 2006.
The true corporate name of the insurance carrier is TECHNOLOGY INSURANCE COMPANY INC. and the name and address of its registered agent for service of process is
UNITED AGENT GROUP, INC.
5444 WESTHEIMER ROAD, SUITE 1000
HOUSTON, TEXAS 77056-5318.
Carisa Space-Beam – Appeals Judge
CONCUR:
Cristina Beceiro – Appeals Judge
Margaret L. Turner – Appeals Judge