Title: 

APD 030416

Significant Decision

Date: 

March 31, 2003

Issues: 

Comp/W Choice Doctor Req’ment

Table of Contents

APD 030416

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 January 13, 2003. The hearing officer determined that the appellant (claimant) is not entitled to change treating doctors pursuant to Section 408.022 or Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 126.9 (Rule 126.9). The claimant appealed, asserting that the hearing officer’s determination is against the great weight of the evidence. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant is not entitled to change treating doctors. The hearing officer’s decision reflects that he properly applied the controlling statute and rule, Section 408.022 and Rule 126.9, to the facts of the case. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). We conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is EAGLE PACIFIC INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Daniel R. Barry – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Gary L. Kilgore – Appeals Judge