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 October 23, 2024, in (city), with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the decedent, who was injured in (city), is not entitled to any rights or remedies under the Texas Workers’ Compensation Act; (2) the decedent did not sustain a compensable injury on (date of injury), resulting in his death; (3) the respondent (carrier) did not waive the right to contest compensability of the claimed injury because it timely contested the injury in accordance with Section 409.021 and Section 409.022; (4) the carrier’s defense on compensability is not limited to the defense listed on the Notice and Denial of Compensability/Liability and Refusal to Pay Benefits (PLN-1) that was filed with the Texas Department of Insurance, Division of Workers’ Compensation (Division) on July 27, 2023; and (5) appellant 1 (claimant beneficiary 1) and appellant 2 (claimant beneficiary 2) are not proper legal beneficiaries of the decedent, and are not entitled to death benefits. Claimant beneficiaries 1 and 2 appealed, disputing all of the ALJ’s determinations. The carrier responded, urging affirmance of the ALJ’s determinations.
DECISION
Affirmed in part and reversed and rendered in part.
The decedent, a field technician, was fatally electrocuted while working for the employer in (city) on (date of injury). The parties stipulated that claimant beneficiaries 1 and 2 are the decedent’s biological parents.
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).
EXTRATERRITORIAL COVERAGE
The ALJ’s determination that the decedent, who was injured in (city), is not entitled to any rights or remedies under the Texas Workers’ Compensation Act, is supported by sufficient evidence and is affirmed.
COMPENSABILITY
The ALJ’s determination that the decedent did not sustain a compensable injury on (date of injury), resulting in his death, is supported by sufficient evidence and is affirmed.
CARRIER WAIVER
The ALJ’s determination that the carrier did not waive the right to contest compensability of the claimed injury because it timely contested the injury in accordance with Section 409.021 and Section 409.022, is supported by sufficient evidence and is affirmed.
LIMITATION OF DEFENSE
The ALJ’s determination that the carrier’s defense on compensability is not limited to the defense listed on the PLN-1 that was filed with the Division on July 27, 2023, is supported by sufficient evidence and is affirmed.
PROPER LEGAL BENEFICIARIES
Section 408.182(d-1) provides if there is no eligible spouse, no eligible child, and no eligible grandchild, and there are no surviving dependents of the deceased employee who are parents, siblings, or grandparents of the deceased, the death benefits shall be paid in equal shares to surviving eligible parents of the deceased. A payment of death benefits under this subsection may not exceed one payment per household. Total payments under this section may not exceed 104 weeks regardless of the number of surviving eligible parents.
Section 408.182(f)(4) defines “eligible parent” as the mother or the father of a deceased employee, including an adoptive parent or stepparent. The term does not include a parent whose parental rights have been terminated.
The ALJ determined that claimant beneficiaries 1 and 2 are not proper legal beneficiaries of the decedent because the evidence was insufficient to establish that they were dependent parents. It was undisputed that there was no eligible spouse, child, grandchild, or surviving dependents who are parents, siblings, or grandparents of the deceased. According to Section 408.182(d-1), under these circumstances, claimant beneficiaries 1 and 2 are proper legal beneficiaries as they are surviving eligible parents of the decedent and there are no other eligible beneficiaries or surviving dependents of the decedent. Under this subsection, there is no requirement that the eligible parents were dependents of the decedent. Therefore, we reverse the ALJ’s determination that claimant beneficiaries 1 and 2 are not proper legal beneficiaries of the decedent. However, as we have affirmed the ALJ’s determinations that the decedent, who was injured in (city), is not entitled to any rights or remedies under the Texas Workers’ Compensation Act and that the decedent did not sustain a compensable injury on (date of injury), resulting in his death, claimant beneficiaries 1 and 2 are not entitled to death benefits. Accordingly, we render a new decision that claimant beneficiaries 1 and 2 are proper legal beneficiaries of the decedent, but they are not entitled to death benefits.
SUMMARY
We affirm the ALJ’s determination that the decedent, who was injured in (city), is not entitled to any rights or remedies under the Texas Workers’ Compensation Act.
We affirm the ALJ’s determination that the decedent did not sustain a compensable injury on (date of injury), resulting in his death.
We affirm the ALJ’s determination that the carrier did not waive the right to contest compensability of the claimed injury because it timely contested the injury in accordance with Section 409.021 and Section 409.022.
We affirm the ALJ’s determination that the carrier’s defense on compensability is not limited to the defense listed on the PLN-1 that was filed with the Division on July 27, 2023.
We reverse the ALJ’s determination that claimant beneficiaries 1 and 2 are not proper legal beneficiaries of the decedent, and we render a new decision that claimant beneficiaries 1 and 2 are proper legal beneficiaries of the decedent, but they are not entitled to death benefits.
The true corporate name of the insurance carrier is EMPLOYERS PREFERRED INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
211 EAST 7TH STREET, SUITE 620
AUSTIN, TEXAS 78701-3218.
Cristina Beceiro – Appeals Judge
CONCUR:
Carisa Space-Beam – Appeals Judge
Margaret L. Turner – Appeals Judge