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APPEAL NO. 040569 FILED APRIL 26, 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 February

We reverse the hearing officer's determination, hold that the injury extends to the area of the L5-S1 spine and that the appellant has no viable defense, and affirm the decision of the trial court. Facts and Procedural Background Brent Johnson was employed by Texas Pacific Mechanical Co., a Houston based firm, at the time of the injury. He was an experienced truck driver for the company who was employed from August 1989 through April 2002. On June 6, 2002, Johnson had two accidents, each involving a vehicle towing his own and his supervisor's truck. At the time of the second accident one of his supervisor's friends was in the passenger seat and was unhurt. The other accident occurred with his own truck on the rear bumper of another vehicle, the rear end of which was in Johnson's lane. At that time the rear bumper was also in the middle of Johnson's lane. Under Texas law (TSA, art. 48) employers are prohibited from retaliating against workers who participate in union activities. If Johnson had been an employee rather than an independent contractor he was therefore protected. However, because he is a self-insured driver with a personal automobile, Johnson was unable to obtain medical coverage or other insurance. Because neither he nor the appellant can afford medical insurance we need only look to the state statutes and the Texas Workers' Compensation Commission regulations governing the treatment of workers injury. We are not persuaded by the trial court that the legislature intended workers to be completely self-insured in their ability to self-insure their workers compensation expenses. Because the appellant was not self-insured, the insurance company was entitled under Texas law to pay for medical costs if the injuries became an “extensibility,” the result being that the appellant is completely covered. When Johnson was hired to drive the appellant's truck, he had a driver's license and was in compliance with all laws. The appellant paid Johnson 12,000 per year while Johnson was earning 20,000. When the trial court ordered medical care, the appellant was ordered to pay Johnson's medical bills, but since Johnson was in the driver's seat, he was also required to pay for personal insurance. When Johnson and his wife separated, Johnson was in possession of the car his employer had just traded him. Johnson's lumbar spine was fractured along the lumbar vertebrae at the level of the sixth thoracic vertebra (L5-S1).

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