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 16, 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 a right knee complex tear of the medial meniscus; (2) the respondent (claimant) has not reached maximum medical improvement (MMI); (3) the claimant’s impairment rating (IR) cannot be assigned at this time; and (4) the claimant had disability from December 9, 2024, through December 23, 2024, resulting from an injury sustained on (date of injury).
The appellant (carrier) appealed all of the ALJ’s determinations. The claimant responded to the carrier’s appeal, urging affirmance of the ALJ’s determinations.
DECISION
Affirmed in part and reversed and rendered in part.
The parties stipulated, in part, that the claimant sustained a compensable injury on (date of injury), in the form of at least a sprain of the medial collateral ligament of the right knee and sprain of the anterior cruciate ligament of the right knee. The claimant, an electrician, was injured on (date of injury), while helping a co-worker to load 90-pound bags of concrete onto a truck. The claimant testified that he turned to place the bag on the truck and felt a pop in his right knee.
EXTENT OF INJURY
The ALJ’s determination that the compensable injury of (date of injury), extends to a right knee complex tear of the medial meniscus is supported by sufficient evidence and is affirmed.
MMI AND IR
The ALJ’s determinations that the claimant has not reached MMI and, therefore, the claimant’s IR cannot be assigned are supported by sufficient evidence and are affirmed.
DISABILITY
The ALJ determined that the claimant had disability resulting from the compensable injury of (date of injury), from December 9, 2024, through December 23, 2024. That portion of the ALJ’s determination that the claimant had disability from December 9, 2024, through December 22, 2024, is supported by sufficient evidence and is affirmed.
The claimant testified that he returned to work on December 23, 2024. There was no evidence that the claimant was unable to obtain or retain employment at wages equivalent to his preinjury wage on December 23, 2024. Accordingly, the ALJ’s determination that the claimant had disability on that day is against the great weight and preponderance of the evidence. We reverse that portion of the ALJ’s disability determination that the claimant had disability on December 23, 2024, and render a new decision that the claimant did not have disability on December 23, 2024.
SUMMARY
We affirm the ALJ’s determination that the compensable injury of (date of injury), extends to a right knee complex tear of the medial meniscus.
We affirm the ALJ’s determinations that the claimant has not reached MMI and, therefore, the claimant’s IR cannot be assigned.
We affirm that portion of the ALJ’s determination that the claimant had disability from December 9, 2024, through December 22, 2024.
We reverse that portion of the ALJ’s disability determination that the claimant had disability on December 23, 2024, and render a new decision that the claimant did not have disability on December 23, 2024.
The true corporate name of the insurance carrier is INDEMNITY INSURANCE COMPANY OF NORTH AMERICA 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