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APPEAL NO. 021044 FILED JUNE 12, 2002, 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

Although appellant maintains that her injury can be classified as “neck-related,” the appellate judge, in her decision, found that appellant's claim falls outside the area of injury protection available under the Workers' Compensation Act. A three-judge appeals panel affirmed. The majority found that “this case falls outside the area of injury protection which is available under the Workers' Compensation Act.” However, a divided three-judge panel held it to be undisputed that appellant's claimed neck injury extends to include the right shoulder, low back, and/or right hip, and that appellant does not suffer from a spinal-related disability. INTRODUCTION Appellant (a/k/an Elizabeth Smith) was admitted to a Dallas nursing home in February 1995. In August 2008, following her death from a cervical spinal injury at age 52, appellant was allowed to depart from the hospital. She chose to leave in April 2010 and return home to her daughter, Michelle. In June 2007, following a physical examination and a spinal fracture exam, Michelle Smith (a/k/a Samantha Smith), with the assistance of a counselor, developed a serious pain in the neck area, severe fatigue, and difficulty swallowing. Michelle was told to go to the orthopedic doctor to get further evaluation and treatment, and to follow up with the chiropractor. The treatment included a series of physical exams, and an orthopedic procedure to fix the cervical fracture. In July 2007, following another physical examination and a neurologic exam, Michelle Smith was asked to leave the clinic and go with her mother to visit a doctor. Once on her mother's property, Michelle complained of an abdominal pain and nausea, she stated that she was suffering pain in her spine and neck, and that she was being watched “mysteriously.” Upon further examination, she could not hold food in her mouth, she could not swallow, she had difficulty swallowing water, she had trouble lying down, and she was having difficulty walking. Michelle was seen by the emergency physician at the Dallas health clinic at 1100 W. Elmwood. Michelle was admitted to the Dallas hospital for a spinal CT scan, as well as a CT abdominal scan, which were ordered in the course of her admission. In the course of Michelle's CT scan, abdominal pain was discovered. This pain would progressively worsen, with a first worsening on the 1st day of Michelle's follow-up visit.

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021044rdoc - tdi texas is a reporting form required by the Texas Department of Insurance (TDI) for certain insurance companies to report their financial and operational information.

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The purpose of 021044rdoc - tdi texas is to gather important financial and operational information from insurance companies in order to monitor their compliance with applicable regulations and to ensure the stability and solvency of the insurance industry in Texas.

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The deadline to file 021044rdoc - tdi texas in 2023 will be specified by the Texas Department of Insurance. Insurance companies should refer to the official guidelines or contact the TDI for the exact deadline.

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