March 6, 2003, in which the claimant had pain, swelling, and redness of the back and buttocks, but now back pain. The appellant asks the Court to reverse the decision of the panel, which has not made its findings, and hold that the claimant's 2006 injury is a new and separate injury.
The record reflects that respondent's injury started on (date) December 20, 1995, (age) 42. The record also indicates that at that time respondent is on disability and cannot perform work in any capacity.
The record discloses that the claimant had been using his vehicle for about four years prior to this injury. The claimant worked a total of about 5,000 to 10,000 hours during the period of 2000 to 2001 using the respondent car. In July 2000, the claimant applied to the United Airlines for a change in job. The carrier had hired the claimant in November 2001 to operate an airplane out of Dallas Fort Worth. At that time, the claimant, using his own vehicle, drove to Dallas Fort Worth, arriving about 9:30 am to take over the business of the other (suspect) man, whom the claimant had previously employed for that company. This (business) was a flight service. The claimant had the opportunity to drive the plane to Atlanta on the first day of employment. It appeared the carrier wanted the claimant to drive the plane to the Atlanta airport. He had a problem with the aircraft, so he returned to Dallas Fort Worth where he picked it up about 4:00 pm. He drove the aircraft to the airport for takeoff. His driving of the aircraft to the airport was his only time driving the aircraft. The aircraft had to be towed in order to land at the airport. He left town the next day due to the severe weather and did not come back that night.
On (date) Friday, (date of the appellant's injury), the weather worsened considerably in Dallas and continued to worsen on Saturday. The weather made the aircraft unusable. The appellant got the job back at the airline. The weather caused about 10 delays until the aircraft arrived in Atlanta. The flight crew had to refuel the aircraft at a location in Alabama, and the pilot had to change the aircraft because of the weather conditions and make an unscheduled landing. The aircraft flew to Atlanta and landed at 9:15 am.
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APPEAL NO. 033198 FILED JANUARY 20, 2004, This appeal arises pursuant to the Texas Workers' Compensation Act, TEX. LAB. CODE ANN. 401.001 et seq. (1989 Act). A contested case hearing was held on November
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