Title: 

APD 013183

Significant Decision

Date: 

February 12, 2002

Issues: 

Comp/W Choice Doctor Req’ment

Table of Contents

APD 013183

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 December 10, 2001. The hearing officer determined that appellant (claimant) is not entitled to change treating doctors. Claimant appealed this determination, contending that he sought a change for a proper reason. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the determination regarding the request to change treating doctors and conclude that this issue involved a fact question for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 011097, decided June 25, 2001. The hearing officer reviewed the record and decided what facts were established. We perceive no error in the application of Section 408.022. We conclude that 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, 176 (Tex. 1986).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is AMERICAN PROTECTION INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Michael B. McShane – Appeals Judge

Edward Vilano – Appeals Judge