Title: 

APD 041023

Significant Decision

Date: 

June 22, 2004

Issues: 

Dispute of DD IR

Table of Contents

APD 041023

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 April 13, 2004. The hearing officer determined that the impairment rating (IR) of respondent (claimant) is 20% in accordance with the report of the treating doctor. Appellant (carrier) appealed this determination and the related determinations, contending that the hearing officer erred in failing to accord presumptive weight to the report of the Texas Workers’ Compensation Commission-selected designated doctor. The file does not contain a response from claimant.

DECISION

We affirm.

We have reviewed the complained-of determinations and conclude that the hearing officer did not err in failing to accord presumptive weight to the designated doctor in this case. The hearing officer did not err in determining that claimant’s IR is 20%. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determinations are supported by the record and are 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 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 STREET, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Thomas A. Knapp – Appeals Judge

Veronica L. Ruberto – Appeals Judge