Title: 

APD 031433

Significant Decision

Date: 

July 8, 2003

Issues: 

Dispute of DD IR

Table of Contents

APD 031433

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 May 6, 2003. The hearing officer determined that the appellant (claimant) reached maximum medical improvement (MMI) on December 17, 2002, with a zero percent impairment rating (IR) as certified by the designated doctor appointed by the Texas Workers’ Compensation Commission. The claimant appeals, asserting that the designated doctor’s report is contrary to the great weight of other medical evidence. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant reached MMI on December 17, 2002, with a zero percent IR. The claimant asserts that the designated doctor’s certification is contrary to the great weight of the other medical evidence and requests adoption of his treating doctor’s certification, which he believes more fully evaluates his condition. Whether the great weight of the other medical evidence was contrary to the opinion of the designated doctor is basically a factual determination. Texas Workers’ Compensation Commission Appeal No. 93459, decided July 15, 1993. In view of the evidence presented, we cannot conclude that the hearing officer’s MMI/IR determination is 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 (Tex. 1986).

The true corporate name of the insurance carrier is TWIN CITY FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Edward Vilano

CONCUR:

Gary L. Kilgore – Appeals Judge

Margaret L. Turner – Appeals Judge