APD 200928

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 May 11, 2020, in (city), Texas, with (Administrative Law Judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issue by deciding that the respondent’s (claimant) average weekly wage (AWW) is $1,210.00. The appellant (carrier) appeals the ALJ’s determination of the AWW. The claimant responded, urging affirmance. DECISION Reversed and remanded. It was undisputed that the claimant sustained a compensable injury on (date of injury). The claimant testified that she was hired to work as an equine ranch manager for employer on March 11, 2019. The sole issue before the ALJ was the claimant’s AWW. The claimant testified that she was paid $450.00 per week salary and the employer provided housing and utilities and allowed her to board her horses

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APD 200798

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 22, 2020, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the respondent (claimant) did sustain a compensable injury on (date of injury); and (2) the claimant does have disability from (date), and continuing through the date of the CCH as a result of the compensable injury on (date of injury). The appellant (carrier) appealed the ALJ’s determinations regarding compensability and disability. There was no response from the claimant in the file. DECISION Reversed and rendered. The claimant worked as the only mechanic for the employer and took care of the employer’s rental units and equipment for use in oilfields. The evidence reflected that he typically

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APD 200830

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 6, 2020, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the fifth, sixth, or seventh quarter; (2) the respondent (carrier) is relieved of liability for SIBs because of the claimant’s failure to timely file an Application for [SIBs] (DWC-52) for the fifth quarter from September 10 through December 9, 2019; and (3) the claimant has permanently lost entitlement to SIBs benefits pursuant to Section 408.146(c). The claimant appealed, disputing the ALJ’s determinations of SIBs entitlement for the fifth, sixth, and seventh quarters; permanent loss of entitlement to SIBs as well as the ALJ’s

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APD 200691

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, 2020, with the record closing on April 1, 2020, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the compensable injury does not extend to a lumbar herniated disc at L2-3, L4-5, and L5-S1; lumbar disc displacement; lumbar radiculopathy; sciatica; fractured coccyx; bilateral hip injury; left knee injury; right shoulder partial thickness tear of anterior supraspinatus articular fibers; or subscapularis tendinosis without discrete tear; (2) the respondent (claimant) reached maximum medical improvement (MMI) on March 1, 2017; and (3) the claimant’s impairment rating (IR) is 10%. The appellant (carrier) appeals the ALJ’s determinations of the MMI date and IR. The appeal file does not contain a

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APD 200637

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 11, 2020, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the compensable injury of (date of injury), does not extend to C4-5 stenosis or a right medial meniscus tear; (2) the appellant (claimant) reached maximum medical improvement (MMI) on March 4, 2019; and (3) the claimant’s impairment rating (IR) is 5%. The claimant appealed the ALJ’s extent of injury, MMI, and IR determinations. The respondent (carrier) responded, urging affirmance of the ALJ’s determinations. DECISION Affirmed in part, and reversed and remanded in part. The parties stipulated, in part, that on (date of injury), the claimant sustained a compensable injury in the form of a left bicep

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APD 200548

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 February 25, 2020, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the first certification of maximum medical improvement (MMI) and assigned impairment rating (IR) from (Dr. B) on May 10, 2019, became final under Section 408.123 and 28 TEX. ADMIN. CODE § 130.12 (Rule 130.12); (2) the respondent (claimant) reached MMI on March 27, 2019; and (3) the claimant’s IR is 23%. The appellant (carrier) appealed the ALJ’s determinations. The claimant responded, urging affirmance of the ALJ’s determinations. DECISION Reversed and rendered in part and reversed and remanded in part. The parties stipulated, in part, that the claimant sustained a compensable injury on (date of injury), in

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