APD 250174
The Appeals Panel affirmed the Administrative Law Judge’s (ALJ) determination that the self-insured did not waive its right to contest compensability by failing to timely contest the injury. However, it reversed the ALJ’s finding that the self-insured specifically contested compensability under Section 409.022 and Rule 124.2(f), because the defense under Section 406.032(1)(D) was raised for the first time in a supplemental denial and not shown to be based on newly discovered evidence. The case was remanded for the ALJ to determine whether the newly raised defense qualifies as newly discovered evidence, and to reconsider whether the claimant sustained a compensable injury in light of that determination.
APD 150720
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 9, 2015, in Austin, Texas, with (hearing officer) presiding as hearing officer. The hearing officer resolved the disputed issues by deciding that: (1) the appellant (claimant) […]
APD 142375
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 2, 2014, in Fort Worth, Texas, with [hearing officer] presiding as hearing officer. The hearing officer resolved the disputed issues by deciding that: (1) the claimed […]
APD 042113
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 August 12, 2004. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ______________; that because the claimant did not sustain a compensable […]
APD 041813
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 July 7, 2004. With respect to the issues before her, the hearing officer determined that the respondent (claimant) sustained an injury in the course and scope of his […]
APD 040786
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 3, 2004. The hearing officer determined that: (1) the appellant (claimant) did not sustain a compensable injury on _____________ or _______________; (2) the date of the […]
APD 040576
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 January 30, 2004. The hearing officer decided that the appellant (claimant herein) was intoxicated at the time his injury occurred relieving the respondent (carrier herein) from liability for […]
APD 033362
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 November 13, 2003. The hearing officer determined that the decedent was in a state of intoxication at the time of the fatal accident and that the self-insured […]
APD 030157
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 December 2, 2002. The hearing officer determined that the claimed injury did not occur while the respondent (claimant) was in a state of intoxication and that the appellant […]
APD 030090
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 August 20, 2002. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) was not in a state of intoxication when his injury occurred […]