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APPEAL NO. 031727 FILED AUGUST 19, 2003, 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

The court decided in favor of the respondent and remanded the case to the CCH. FINDINGS- “The record reflects that the injury occurred during work in Texas.” The evidence adduced at the hearing, including documentation submitted during the CCH, showed that the appellant (self insured) was a licensed driver who had been driving and working in the state of Texas in October 2002. Based on the facts in the record, the hearing officer correctly determined that the appellant (self insured) was doing work in Texas and that he/she had a duty to render service in the state and the CCH's determination was not a mere subjective determination. As to the nature of the injury, the applicant (appellant) had to have been in possession of a motor vehicle when in contact with the “objectionable” substance that caused the injury. Appellant (self insured) claims that the injury was caused when the plaintiff's vehicle (preliminary claimant) drove into the front passenger side of respondent's vehicle while the car was making a turn at approximately 80 MPH. The appellant (self insured) maintains that he was taking a handful of pills and was not in the driver seat and that his/her drug of choice was Xanax, and claims that the appellant became fatigued and crashed because of the lack of sleep. The appellant (self insured) contends that the medical evidence presented in the record supports his position that he only took a few pills, and, further, that he was not in the driver seat when in contact with the “objectionable” substance that caused the injury. This Court finds that the record shows that the appellant (self insured) was traveling north on FM 2616 and was proceeding under some amount of speed and when the car in front of the appellant (self insured) made a large “turn,” causing appellant (self insured) to have to stop abruptly and skid forward, creating a sudden loss of control and collision with a parked car. It is the evidence presented at the hearing that the appellant (self insured) was not in control of his vehicle, had an extremely fatigued condition, had been using Xanax (also known as alprazolam and Asian) to treat sleep apnea at the time of the accident, and that he could not be held criminally responsible for this accident because he did not know the nature of the “objectionable” substance.

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