APD 251993
The Appeals Panel reversed and remanded the ALJ’s determination that the claimant sustained a compensable injury. Although the ALJ stated that the claimant bore the burden of proof, the Panel concluded the ALJ effectively shifted the burden to the carrier by stating the carrier was required to “prove a negative.” Because this constituted a misapplication of the law regarding the claimant’s burden to prove compensability, the issue was remanded for a new determination applying the correct burden of proof.
APD 251917
The Appeals Panel reversed and remanded the ALJ’s decision finding a compensable occupational disease. While affirming that the firefighter cancer presumption under Government Code § 607.055 applied, the Panel held that the ALJ failed to make the specific findings and conclusions required by § 607.058(c) addressing whether a qualified expert, using evidence-based medicine, identified a non-service-related cause that substantially caused the disease. The case was remanded for proper findings on rebuttal of the statutory presumption and a new compensability determination.
APD 251337
The Appeals Panel reversed the ALJ’s decision and held that the claimant was on a special mission when injured in a motor vehicle accident traveling to a mandatory orientation in a different city, making the injury compensable. The Panel struck findings that exceeded the scope of the issues but determined that the claimant did have disability from the date of injury through May 26, 2025.
APD 251222
The Appeals Panel affirmed the ALJ’s determination that the claimant sustained a compensable injury but reversed the disability determination due to inconsistencies in the findings and discussion.
APD 240217
The Appeal’s Panel reversed the Administrative Law Judge’s decision that the decedent’s death was a result of the compensable injury. The Appeals Panel noted that the record was unclear as to what conditions the compensable injury included, and, without knowing what comprises the compensable injury, it could not be determined whether the decedent’s death was a result of the compensable injury.
APD 240172
The Appeals Panel reversed the Administrative Law Judge’s decision so that the carrier’s registered agent information could be obtained and admitted.
APD 231224
The Appeals Panel reversed the Administrative Law Judge’s decision regarding timely filing of a claim with DWC because the ALJ failed to take official notice of whether the claimant filed a claim for compensation with DWC, and if so, the date the claimant filed the claim.
APD 230673
The Appeals Panel reversed the decision because the administrative law judge failed to make findings of fact on two issues.
APD 230723
The Appeals Panel struck a portion of the decision because the administrative law judge exceeded the scope of the disability issue.
APD 230230
The Appeals Panel reversed the Administrative Law Judge’s decision regarding timely reporting. The Appeals Panel noted that where the 30th day after the date of injury was a Sunday, notice of injury was timely when given on the next working day, a Monday.