Title: 

APD 030760

Significant Decision

Date: 

May 6, 2003

Issues: 

Extent of Injury, Timely Contest by Carrier

Table of Contents

APD 030760

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 24, 2003. The hearing officer determined that (1) the compensable injury of ______________, includes disc bulges at C2-3, C4-5, and C5-6 and a worsening, enhancement or acceleration of her degenerative disc disease of the cervical spine; and (2) the doctrine of waiver, estoppel, and laches does not apply to the dispute of the cervical injury. The appellant (claimant) appeals the determination with regard to the application of the doctrine of waiver, estoppel and laches. The respondent (carrier) urges affirmance. The hearing officer’s extent-of-injury determination was not appealed and is, therefore, final. Section 410.169.

DECISION

The decision and order of the hearing officer have become final pursuant to Section 410.204(c).

The claimant appealed the hearing officer’s determination that the doctrine of waiver, estoppel, and laches does not apply to the dispute of the cervical injury. Because the hearing officer determined that the compensable injury extended to include the claimant’s cervical spine, the claimant was not aggrieved by the complained-of determination. To be clear, even if we were to agree with the claimant’s contention, it would not change the result in this case. Accordingly, we decline to address the matter.

For reasons stated above, the hearing officer’s decision has become final under Section 410.204(c).

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

MM

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Edward Vilano

CONCUR:

Chris Cowan – Appeals Judge

Gary L. Kilgore – Appeals Judge