Accident Fund Insurance Co. of America v. Texas Department of Insurance, Division of Workers’ Compensation – D-1-GN-18-000341 – Dec 2, 2020
The 53rd Judicial District Court (Travis County, Texas) found that 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). Specifically, the Court found that 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.