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 December 5, 2001. As to the sole disputed issue of whether the respondent (claimant) had disability from _____________, to the present, the hearing officer determined that the claimant had disability from August 7, 2001, through the date of the CCH. The appellant (carrier) appeals, asserting that either the hearing officer has made a typographical error in stating that disability began on August 7, 2001, when she meant to say _____________, or the finding of disability beginning on August 7, 2001, is against the great weight and preponderance of the evidence. The claimant did not respond to the appeal.
DECISION
Affirmed, as reformed.
We note that the issue before the hearing officer concerned a beginning date of disability of _____________, and the issue was never amended or modified in any way to an earlier date. It was, therefore, legally impermissible for the hearing officer to have determined disability prior to that date. Based on our review of the evidence, it is apparent that the hearing officer has mistakenly used the date of August 7, 2001, in several places in the Decision and Order where she should have used the date of _____________. We reform the dates of “August 7, 2001,” found in the Statement of the Evidence at lines 23 and 26, page 4 of the Decision and Order to read “_____________.” We reform the date in Finding of Fact No. 2 to read “_____________.” We reform the date in Conclusion of Law No. 3 to read “_____________.” We reform the date in the Decision paragraph to read “_____________.”
We affirm the decision and order of the hearing officer, as reformed.
The true corporate name of the insurance carrier is LIBERTY MUTUAL FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is
C T CORPORATION SYSTEMS
350 NORTH ST. PAUL STREET, SUITE 2900
DALLAS, TEXAS 75201.
Michael B. McShane – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Edward Vilano – Appeals Judge