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 November 15, 2001. On the sole issue, the hearing officer determined that the appellant (claimant) was not entitled to a change in treating doctors, pursuant to Section 408.022. The claimant appeals, asserting that the hearing officer’s determination is contrary to the credible evidence. The respondent (carrier) urges affirmance.
DECISION
Affirmed as reformed.
CARRIER INFORMATION
Although not raised by the parties on appeal, we first address a clerical error in the hearing officer’s decision and order. In the style of the case, the decision provides that the carrier is American Home Assurance Company. The parties stipulated and it is undisputed that the claimant’s employer had workers’ compensation insurance with the Insurance Company of the State of Pennsylvania on the date of the claimant’s injury. Additionally, the hearing officer’s Exhibit 2, regarding insurance carrier information, provides that the carrier is the Insurance Company of the State of Pennsylvania. Accordingly, we reform the hearing officer’s decision to reflect that the Insurance Company of the State of Pennsylvania is the carrier in this case.
CHANGE IN TREATING DOCTORS
The hearing officer did not err in determining that the claimant was not entitled to a change in treating doctors. The claimant asserts that the request to change treating doctors was appropriate because of the existence of a conflict which jeopardized or impaired the doctor-patient relationship. In view of the evidence presented, the hearing officer could find, as she did, that the claimant’s request was prompted by a release to return to work by his treating doctor, rather than for the reasons asserted by the claimant. The hearing officer’s determination is not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986). Additionally, we cannot conclude that the hearing officer abused her discretion in determining that the claimant was not entitled to a change in treating doctors.
The decision and order of the hearing officer are affirmed as reformed.
The true corporate name of the insurance carrier is INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750
COMMODORE 1
AUSTIN, TEXAS 78701.
Edward Vilano – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge