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 February 10, 2025, with the record closing on March 4, 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 respondent 2 (claimant) sustained a compensable injury on (date of injury); and (2) the claimed injury occurred while the claimant was in a state of intoxication, as defined by Section 401.013, thereby relieving the appellant (carrier) of liability for compensation. The carrier appeals contending that if the claimant was intoxicated, and the carrier is relieved of liability, the claimant could not, as a matter of law, have sustained a compensable injury as defined in Section 401.011(10). The appeal file does not contain a response from the claimant or from respondent 1 (subclaimant). The ALJ’s determination that the claimed injury occurred while the claimant was in a state of intoxication, as defined by Section 401.013, and therefore the carrier is relieved of liability for compensation was not appealed and has become final pursuant to Section 410.169.
DECISION
Reversed and rendered.
The ALJ, in her Discussion, comments that the records in evidence noted the claimant was on a five-foot ladder checking out a fire sprinkler system when he lost his balance, skipped a step, and fell onto his right side. Further, the ALJ noted the claimant had scrapes on his left arm and a right femur fracture. The ALJ then concluded that the claimant sustained a compensable injury. Section 401.011(10) defines “compensable injury” as “an injury that arises out of and in the course and scope of employment for which compensation is payable under this subtitle.” Appeals Panel Decision (APD) 060779, decided June 19, 2006, and APD 070532, decided May 22, 2007. We hold that the ALJ erred in concluding that the claimant sustained a compensable injury because the carrier was not liable for compensation under Section 406.032(1)(A) based on the unappealed determination that the claimant was in a state of intoxication at the time of the injury. Consequently, we reverse the ALJ’s determination that the claimant sustained a compensable injury on (date of injury), and render a new decision that the claimant did not sustain a compensable injury on (date of injury), because the injury occurred while he was intoxicated and the carrier was relieved of liability.
The true corporate name of the insurance carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
JEANETTE WARD, PRESIDENT & CEO
2200 ALDRICH STREET
AUSTIN, TEXAS 78723-3474.
Margaret L. Turner
Appeals Judge
CONCUR:
Cristina Beceiro
Appeals Judge
Carisa Space-Beam
Appeals Judge