Title: 

APD 031258

Significant Decision

Date: 

June 20, 2003

Issues: 

Disabilty/Existence-Duration, Dispute of DD IR, Dispute of DD MMI Date

Table of Contents

APD 031258

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 14, 2003. The hearing officer determined that appellant (claimant) reached maximum medical improvement (MMI) on February 23, 2001, with a three percent impairment rating (IR). The hearing officer also determined that claimant had disability after February 28, 2000, which is continuing. Claimant appealed the determinations regarding IR and MMI on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order. The disability determination was not appealed.

DECISION

We affirm.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer determined that the designated doctor’s IR and MMI date were not “overcome by the great weight of [the] contrary medical evidence.” See Sections 408.122(c) and 408.125(e). 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.

The true corporate name of the insurance carrier is TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION for Reliance National Indemnity Company, an impaired carrier and the name and address of its registered agent for service of process is

MARVIN KELLY, EXECUTIVE DIRECTOR

T.P.C.I.G.A.

9120 BURNET ROAD

AUSTIN, TEXAS 78758.

Judy L. S. Barnes

CONCUR:

Robert W. Potts – Appeals Judge

CONCUR IN THE RESULT:

Thomas A. Knapp – Appeals Judge