Appeals Panel Decisions - Texas Worker

Appeals' Panel Decisions

APD 210738

The Appeals Panel reversed the decision because the Administrative Law Judge did not make a specific finding of fact regarding the issue of disability as was certified in the case.

APD 210679

The Appeals Panel reversed the Administrative Law Judge's decision because the self-insured failed to provide the name and address of a registered agent in Texas.

APD 210561

The Appeals Panel reversed the Administrative Law Judge's decision because the address on the insurance carrier's registered-agent-information form was a post office box, where service of process could be effectuated.

APD 210736

The Appeals Panel reversed the Administrative Law Judge's decision for reconstruction of the record. The Appeals Panel noted that the number of pages indicated on the exhibit list did not match the number of pages in the exhibits. The Appeals Panel also noted that when there is an intervening injury, the correct standard of law is whether the intervening injury is the sole cause of the disputed condition or disability.

APD 210714

The Appeals Panel reversed the Administrative Law Judge's decision that the insurance carrier was not entitled to a presumption of intoxication because "there was little evidence of the alleged drug screen or its results." The Appeals Panel noted that Section 401.013(c) refers to a positive drug test based on a blood test or urinalysis “but does not specify any other requirements to establish a rebuttable presumption of intoxication.” The Appeals Panel found that, even without actual results, reference in the medical records to a positive drug test was enough to establish the presumption.

APD 210651

The Appeals Panel reversed the decision because the Administrative Law Judge based her extent-of-injury determination, in part, on a misreading of the designated doctor's extent-of-injury opinion.

APD 210626

The Appeals Panel reversed the Administrative Law Judge's decision for reconstruction of the record. The Appeals Panel noted that the number of pages indicated on the exhibit list did not match the number of pages in the exhibits.

APD 210616

The Appeals Panel reversed the Administrative Law Judge's decision for reconstruction of the record. The Appeals Panel noted that the number of pages indicated on the exhibit list did not match the number of pages in the exhibits. Additionally, the Appeals Panel found that the self-insured's submitted information indicated the wrong name and failed to state the name of the registered agent.

APD 210681

The Appeals Panel reversed the Administrative Law Judge's decision for reconstruction of the record. The Appeals Panel noted that the number of pages indicated on the exhibit list did not match the number of pages in the exhibits.

APD 210517

The Appeals Panel reversed the Administrative Law Judge's decision that the insurance carrier was liable for payment of accrued benefits pursuant to rule 124.3. The Appeals Panel noted that rule 124.3 does not apply in a case where the insurance carrier does not file a dispute of compensability or liability.

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