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In the 53rd Judicial District Court of Travis County, Texas

ACCIDENT FUND INSURANCE COMPANY OF AMERICA, Plaintiff,

v.

TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION, Defendant

CAUSE NO. D-1-GN-18-000341

|

December 2, 2020

FINAL SUMMARY JUDGMENT

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:

  1. 28 Tex. Admin. Code §130.102(d)(1)(D) is invalid because it authorizes a fourth method of showing entitlement to Supplemental Income Benefits which conflicts with Labor Code §408.1415(a)(3);
  2. Defendant is permanently enjoined from applying this invalid rule.
  3. The language in 28 Tex. Admin. Code §130.102(f) pertaining to making “work search contacts” is not applicable to a claimant that is not participating in work search efforts through the Texas Workforce Commission; and
  4. Defendant is permanently enjoined from applying the language in 28 Tex. Admin. Code §130.102(f) pertaining to making “work search contacts” to a claimant that is not participating in work search efforts through the Texas Workforce Commission.

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
Judge Presiding

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