APD 221546
The Appeals Panel reversed the administrative law judge’s decision because the judge misstated the medical evidence by referencing a right foot injury instead of a left foot injury.
APD 211064
The Appeals Panel reversed the Administrative Law Judge’s decision regarding the issue of Timely Filing of a Claim. The Appeals Panel noted that, although the Administrative Law Judge made a conclusion of law, decision, and discussed the timely filing of a claim in the discussion of the evidence, the Administrative Law Judge failed to make a finding of fact whether the claimant timely filed a claim for compensation with the Division.
APD 211005
The Appeals Panel reversed the Administrative Law Judge’s decision that the claimant did not sustain an occupational injury in the form of COVID-19. The Appeals Panel reasoned that because this claim was pending at the time S.B. 22 went into effect, the new presumption provisions set forth in Sections 607.0545 and 607.058 of the Government Code apply.
APD 211026-s
The Appeals Panel reversed the administrative law judge’s decision that the claimant suffered a compensable COVID-19 injury. The Appeals Panel found that the administrative law judge improperly applied Section 607.054 of the Texas Government Code (presumption for first responders) in making the determination. However, the Appeals Panel noted that a new presumption created by Senate Bill 22 (Section 607.0545 of the Government Code) applies to claims that were pending at the time the law went into effect (June 14, 2021). Since the case at bar was pending at the time the new law went into effect, the Appeals Panel remanded the matter for further consideration applying the new presumption.
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 200528
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 27, 2020, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) (date […]
APD 200100-s
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 December 12, 2019, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) […]
APD 191065
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 April 11, 2019, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) […]
APD 190874
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 April 8, 2019, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by determining that: (1) […]
APD 190585
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 February 25, 2019, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by determining that: (1) […]