December 14, the WEB issued an adverse decision holding that the WEB, which administers the U.S. program, did not satisfy its administrative burden to terminate appellant's program benefits as requested. The WEB also upheld the WEB's administrative findings that the respondent's termination was without just cause and that there was now just reason for discontinuing the benefits, both of which were also affirmed by the trial court. The petitioner requested, and the trial court agreed, that the WEB vacate the adverse decision and vacate the WEB's administrative findings. We affirm this portion of the decision and vacate the administrative findings, holding that the WEB, in this case, did not satisfy the applicable administrative burden to terminate any workers' compensation benefits pursuant to the WEB statute or the statute of limitations. We further hold that such a statutory or deadline requirement is not required by Tex. Rev. Civ. Stat. Ann. § 42.025. In any event, we hold that the respondents have waived this issue by the time the court entered its ruling. I. THE AUTHORITY FOR DECLARATION IN THIS CASE We conclude that the U.S. Office of Workers Compensation Programs does not have authority to terminate workers' compensation benefits pursuant to Art. II, § 34 (Tex. Rev. Civ. Stat.Ann. § 42.025) unless the WEB, in accordance with our statute, does act to do so. When the WEB issues an adverse decision, we must determine whether it did act as required by the statute or by the statute of limitations and, if so, whether the WEB's action was in conformity with the proper standards and procedures established under Tex. Rev. Civ. Stat.Ann. § 42.015. If the WEB did not act pursuant to its statutory authority, the parties must resolve the issues before the issue goes to a jury. II. THE BASIS FOR THE DECISION The relevant portion of Art. II, § 34 states: The office of workers' compensation may terminate the benefits of any individual entitled to such benefits for the failure to be a member of the WEB, to pay or to incur the costs of the collection or enforcement of payments, or any other reason established under this article.
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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of JOHN G. STEPHENS and DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Fort Worth, TX Docket No. 99-2446;
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