Title: 

APD 031264

Significant Decision

Date: 

June 30, 2003

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 031264

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on April 24, 2003. The hearing officer determined that respondent 1 (claimant) does have disability from July 25 through November 21, 2002, resulting from the compensable injury sustained on _____________. The appellant (employer) appealed. The file does not contain an appeal from respondent 2 (carrier). There are no responses to the employer’s appeal in the file.

DECISION

Finding that the employer lacks standing to appeal because it was not a party to the CCH, we dismiss the appeal.

The employer’s Administrator Pro Tem seeks to appeal the hearing officer’s decision and order. The employer was not a party at the CCH. We have previously held in a number of cases that an employer who is not a party at a CCH has no standing to appeal the decision of a hearing officer. Texas Workers’ Compensation Commission Appeal No. 92110, decided May 11, 1992; Texas Workers’ Compensation Commission Appeal No. 94069, decided March 1, 1994; Texas Workers’ Compensation Commission Appeal No. 001946, decided October 2, 2000; Texas Workers’ Compensation Commission Appeal No. 012017, decided October 16, 2001.

The employer’s appeal is dismissed for lack of standing to appeal the decision of the hearing officer since the employer was not a party to the CCH.

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

MARVIN KELLY, EXECUTIVE DIRECTOR

9120 BURNET ROAD

AUSTIN, TEXAS 78758.

Thomas A. Knapp

CONCUR:

Judy L. S. Barnes – Appeals Judge

Edward Vilano – Appeals Judge