APD 250488
The Appeals Panel reversed the administrative law judge’s decision and held that the claimant did not sustain a compensable injury because the injury occurred while the claimant was intoxicated. Although the judge initially found that an injury occurred in the course and scope of employment, the unappealed finding of intoxication barred recovery under Texas Labor Code § 406.032(1)(A).
APD 240565
The Appeals Panel reversed the decision because the Administrative Law Judge failed to make a finding of fact on compensability.
APD 231602
The Appeals Panel reversed the decision because the Administrative Law Judge failed to correctly address the modified disability issue agreed to by the parties.
APD 220510
The Appeals Panel reversed the Administrative Law Judge’s decision that the claimant was intoxicated. The Appeals Panel found that expert evidence is not required with regard to whether the claimant had the normal use of his mental and physical faculties at the time of the claimed injury.
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 192062
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 10, 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 181781
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 June 25, 2018, 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 181648
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 June 11, 2018, 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 171115
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 3, 2017, with the record closing on April 21, 2017, in (city), Texas, with (hearing officer) presiding as hearing officer. The hearing officer resolved the disputed […]
APD 170862
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 March 2, 2017, in (city), Texas, with (hearing officer) presiding as hearing officer. The hearing officer resolved the disputed issues by deciding that: (1) the appellant (claimant) did […]