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Langford v. Employees Retirement System of Texas

Under the definition announced in Flores, the Board could reject the ALJ's conclusion that the plaintiff's disability directly resulted from a specific act or occurrence determinable by a definite time and place only if it concluded, and the evidence supported a conclusion, that his disability was primarily caused by a pre-existing condition.

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This case raises similar issues and is controlled by our recent decision in Flores v. Employees Retirement System, No. 03-01- 00074-CV, 2002 Tex. App. LEXIS 2721 (Austin Apr. 18, 2002, no pet. h.). Where appropriate, we will rely on our reasoning and holdings in that opinion. Tex. R. App. P. 47.1.

Appellant Calvin Langford appeals the district court’s judgment affirming a final order by the Board of the Employees Retirement System of Texas (hereinafter “the Board”) denying his application for occupational disability benefits. *fn1 Mr. Langford raises the same issues that were raised in Flores: whether the Board acted arbitrarily and capriciously or abused its discretion by applying a new policy in the course of his contested case without affording him notice of its intent to do so, and whether the Board erroneously interpreted the statutory definition of occupational disability. Additionally, he complains about the trial judge’s ruling denying his request to supplement the administrative record. As we sustain two of Mr. Langford’s issues, we will reverse the judgment of the trial court.

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