This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on November 1, 2001. With respect to the sole issue before him, the hearing officer determined, pursuant to an agreement reached by the parties, that the respondent’s (claimant) compensable injury on ___________, did not extend to and include a psychological component.
The appellant (carrier) appeals that portion of the decision and order wherein the hearing officer states, “The parties agreed, on the record during the [CCH], that the Claimant sustained a compensable injury affecting her right wrist, right elbow, and right shoulder.” The claimant has not filed a response.
DECISION
The hearing officer’s decision is affirmed as reformed.
The sole issue before the hearing officer concerned whether the claimant’s injury extended to and included a psychological component. There was no evidence offered, and the parties announced that they had reached an agreement prior to the hearing. The carrier complains of dicta contained in the Decision and Order, contending that the hearing officer commented on an issue that was not before the parties, namely, extent of injury regarding the right wrist, right elbow, and right shoulder. We note that extent of injury with regard to those body parts was not an issue at the benefit review conference (BRC) held on September 19, 2001. The 1989 Act, Section 410.151(b), provides that “[a]n issue that was not raised at a [BRC…..ay not be considered [at a CCH],” with some exceptions not relevant to this case. We have previously held that we “have encouraged hearing officers to indicate the nature of the injury when determining whether an injury existed.” Texas Workers’ Compensation Commission Appeal No. 002898, decided January 29, 2001. However, we have also stated that it is not appropriate for a hearing officer to make a final determination on the issue of extent of injury when the issue of extent of injury is not before the hearing officer, it is not tried by consent, and is not necessary to resolve the other issues before the hearing officer. See Texas Workers’ Compensation Commission Appeal No. 010322, decided March 22, 2001, also citing Texas Workers’ Compensation Commission Appeal No. 001239, decided July 13, 2000. We will, as we did in Appeal No. 002898, supra, consider the findings of the hearing officer concerning the right wrist, right elbow, and right shoulder to be beyond the scope of the issue before him and consider them as surplusage. We affirm the decision that the compensable injury did not extend to and include a psychological component, but strike all language in the Decision and Order which purports to further define the extent of injury.
The decision and order of the hearing officer are affirmed, as reformed.
The true corporate name of the insurance carrier is ZURICH AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is
GEORGE MICHAEL JONES
9330 LBJ FREEWAY, SUITE 1200
DALLAS, TEXAS 75243.
Michael B. McShane – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Thomas A. Knapp – Appeals Judge