Title: 

APD 031327

Significant Decision

Date: 

July 14, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 031327

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 22, 2003. With respect to the issues before him, the hearing officer determined that the respondent (claimant) did not sustain a compensable injury on ______________, and that he did not have disability resulting from the alleged injury. The appellant (carrier) conditionally appealed the hearing officer’s factual determinations that the claimant suffered a lumbar strain (not in the course and scope of his employment) and that as a result of the noncompensable lumbar strain the claimant was unable to obtain and retain employment from ______________, to January 31, 2003. The file does not contain an appeal or a response from the claimant.

DECISION

The hearing officer’s decision and order have become final. Section 410.169.

The carrier filed an appeal but specifically stated that “this appeal is conditional on Claimant filing a Request for Review appealing the Decision and Order as a whole, and is automatically withdrawn in the event that Claimant does not file a Request for Review.” The claimant did not appeal the hearing officer’s Decision and Order. Accordingly, we dismiss carrier’s appeal.

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

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Elaine M. Chaney

CONCUR:

Thomas A. Knapp – Appeals Judge

Margaret L. Turner – Appeals Judge