In the 53rd Judicial District Court of Travis County, Texas
ACCIDENT FUND INSURANCE COMPANY OF AMERICA, Plaintiff,
TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION, Defendant
CAUSE NO. D-1-GN-18-000341
December 2, 2020
On the 30th day of June, 2020, the Court heard Plaintiff Accident Fund Insurance Company of America’s First Amended Motion for Traditional Summary Judgment. All parties appeared through their counsel and announced ready. The Court, having considered the pleadings, motion, response, arguments of counsel, and evidence on file grants the motion.
The Court hereby RENDERS judgment for Plaintiff in part and Defendant in part. IT IS THEREFORE ADJUDGED that:
Defendant Texas Department of Insurance, Division of Workers’ Compensation’s Appeals Panel Decision 100229-s and Appeals Panel Decision Manual were published as part of the Defendant’s adjudicative duties. Although these may not be ad hoc rules, this Court believes that the Defendant can no longer rely on them to support decisions that conflict with this ruling. Furthermore, the Court believes that Defendant will likely need to make revisions to its preamble to Rule 130.102, Appeals Panel Decision Manual, and Application for Supplemental Income Benefits in order to comport with this ruling.
IT IS FURTHER ORDERED THAT this judgment finally disposes of all claims and all parties and is appealable.
Signed this 2nd day of December, 2020.
Maya Guerra Gamble