Title: 

APD 031955

Significant Decision

Date: 

September 11, 2003

Issues: 

Comp/W Choice Doctor Req’ment, Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 031955

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 June 3, 2003. The hearing officer determined that: (1) the compensable injury of ___________, extends to and includes a nonunion of a scaphoid fracture with avascular necrosis of the proximal pole of the left hand; (2) the respondent (claimant) had disability from December 13, 2002, through the date of the hearing; and (3) the claimant is entitled to change treating doctors to Dr. D, pursuant to Section 408.022. The appellant (carrier) appealed these determinations on sufficiency of the evidence grounds. The appeals file does not contain a response from the claimant.

DECISION

Affirmed, as reformed.

We note that the hearing officer cited to Section 408.002 in listing the third issue, and to Section 408.003 in the concluding paragraph of the decision. Those references are corrected to cite Section 408.022.

We have reviewed the complained-of determinations and conclude that the issues involved questions of fact for the hearing officer to resolve. The hearing officer reviewed the record and decided what facts were established. 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, as reformed.

The true corporate name of the insurance carrier is CONNECTICUT INDEMNITY COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Edward Vilano

CONCUR:

Judy L. S. Barnes – Appeals Judge

Gary L. Kilgore – Appeals Judge