Title: 

APD 021033

Significant Decision

Date: 

June 12, 2002

Issues: 

Dispute of DD IR

Table of Contents

APD 021033

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 March 1, 2002. The hearing officer resolved the disputed issue by deciding that the respondent (claimant) had a 16% impairment rating (IR), per the designated doctor’s opinion. The appellant (carrier) appealed the hearing officer’s determination and the claimant responded, seeking affirmance.

DECISION

We affirm.

The parties stipulated that the date of maximum medical improvement was June 7, 2000; thus, the only dispute before the hearing officer was with respect to the correct IR. A designated doctor was appointed by the Texas Workers’ Compensation Commission (Commission) and after examination of the claimant he issued a report on July 3, 2001, assigning the claimant an IR of 14%. On August 27, 2001, the designated doctor changed his assignment of IR to 16% pursuant to a letter of clarification that was sent to him by the Commission. The designated doctor agreed with the letter of clarification that he failed to award sensory impairment for the median nerve distribution and accordingly adjusted his assignment of IR.

After review of the record before us and the complained-of determination, we have concluded that there is sufficient factual and legal support for the hearing officer’s decision. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the decision and order of the hearing officer.

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.

Roy L. Warren – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Robert W. Potts – Appeals Judge