Division Resolves Multiple Employment Question

The appeals panel has affirmed, without separate decision, an ALJ’s favorable ruling that resolves an important issue on multiple employment. The decision, Texas Division of Workers’ Compensation Appeals Panel Decision No. 210385, decided May 3, 2021, declined to reverse the ALJ’s decision.

Flahive lawyer Rhett Robinson secured the decision.

The case answers the question of whether the AWW is to be increased when the claimant’s multiple employment is with an employer that does not itself have workers’ compensation coverage. The ALJ determined that because the definition of “employer” requires coverage, if the non-claim “employer” does not have it, then the AWW does not get increased.

Although the decision has not been published on the Division’s website, our firm has fully researched the issue. We are prepared to support your claims decision on this issue on cases where appropriate.