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 241728
The Appeals Panel reversed the decision because the Administrative Law Judge incorrectly found that the Employee-Decedent’s parents were not proper beneficiaries because they failed to prove they were dependents. The Appeals Panel noted that there is no requirement for eligible parents to show dependent status.
APD 231546
The Appeals Panel reformed the Administrative Law Judge’s decision to correct the Insurance Carrier’s registered agent’s name.
APD 230808
The Appeals Panel reversed the Administrative Law Judge’s decision regarding timeliness or sufficiency of a carrier’s Notice of Denial of Compensability/Liability. The Appeals Panel noted that the PLN-1 in evidence did not show when or if it was filed by the carrier.
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.
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 181357
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 May 2, 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 172367
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 September 6, 2017, 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 161870
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 July 13, 2016, in (city), Texas with hearing officer presiding as hearing officer. The hearing officer resolved the disputed issues by determining that: (1) the (date of […]
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) […]