Texas Appeals Panel Decision No. 100130 - Waiver

Texas Appeals Panel Decision No. 100130 - Waiver

   By Stuart D. Colburn, Shareholder, Downs Stanford

In Appeals Panel Decision No. 100130, the carrier received written notice of the claimed injury on June 19, 2009.  Benefits were not initiated until July 10, 2009, more than 15 days later.  Within 60 days of receiving notice, the carrier filed a denial of the entire claim.  The Hearing Officer found the Claimant did not sustain a compensable injury in the course and scope of employment.

However, pursuant to Rule 124.3(a)(2), the carrier was liable for all accrued income and medical benefits if it filed a denial after the fifteenth but on or before the sixtieth day of receiving written notice of the injury.  In this case, even though ultimately the injury was not compensable, the carrier still owed all accrued benefits up until the time the denial was filed citing Appeals Panel Decision No. 002220-S and 012101-S.

Lexis.com subscribers can access Texas Workers' Compensation Commission Appeal No. 100130.