Title: 

APD 011203

Significant Decision

Date: 

July 16, 2001

Issues: 

Comp/W Choice Doctor Req’ment

Table of Contents

APD 011203

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 May 11, 2001. The hearing officer determined that there was no bona fide offer of employment; that the Texas Workers’ Compensation Commission (Commission) did not abuse its discretion in approving a change of treating doctors; and that respondent (claimant) had disability from September 23, 2000, to the date of the hearing. Appellant (carrier) appealed these determinations on sufficiency grounds. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determinations and conclude that there is no reversible error in this case. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determinations are not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust and that there is no reversible error of law in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the hearing officer’s decision and order.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Michael B. McShane – Appeals Judge