When Does an Employer Have Standing to Challenge a Claimant’s Employment Status?
In APD 221776, decided January 4, 2023, the sole issue in dispute at CCH was whether the alleged employer was Claimant’s employer for purposes of the Workers’ Compensation Act on the date of injury. Importantly, the only parties to the CCH were the Claimant and the Carrier. The alleged employer was not a party at CCH.
The ALJ resolved the disputed issue by deciding that the alleged employer was NOT Claimant’s employer for purposes of the Workers’ Compensation Act on the date of injury.
Neither the Carrier nor the Claimant appealed the ALJ’s decision. However, the alleged employer disagreed, and filed a timely appeal of the ALJ’s decision.
The AP concluded that the ALJ’s decision had become final pursuant to Section 410.169, because the alleged employer was not a party to the CCH and no appeal was timely filed with DWC by either the Claimant or the Carrier.
The AP noted that Section 409.011(b)(4) provides that an employer has the right to contest the compensability of an injury if the Carrier accepts liability for the payment of benefits. The issue in this case was whether the employer was the claimant’s employer for purposes of the Workers’ Compensation Act on the date of injury; there was no issue of compensability, nor did the parties stipulate that the carrier accepted liability for the payment of benefits for such injury. The employer did not have standing to appeal the issue in this case because the employer did not become a party to the CCH. See APD 93133, decided May 6, 1993, and cases cited therein; APD 960490, decided April 24, 1996; APD 170773, decided June 5, 2017; and APD 190148, decided March 19, 2019.
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