DECISION AND ORDER

This case is decided pursuant to Chapter 410 of the Texas Workers’ Compensation Act and Rules of the Division of Workers’ Compensation adopted thereunder.

ISSUE

A contested case hearing was held on February 12, 2008, to decide the following disputed issue:

1. Does the compensable injury of ____, extend to include radiculopathy or nerve root impingement injury at the L4-L5 level?
2. Is the preponderance of the evidence contrary to the IRO decision that found the right L4 and L5 transforaminal epidural steroid injections are not reasonable or necessary treatment for the compensable injury of ____?

PARTIES PRESENT

Claimant appeared and was assisted by JA, ombudsman.

Carrier appeared and was represented by TW, attorney.

AGREEMENT

The parties reached an agreement. The agreement resolves only those issues to be decided at this hearing. The agreement does not resolve all issues with regard to this claim and is not a settlement.

In this decision, this Agreement section includes findings of fact and the Decision section constitutes the conclusions of law.

The Hearing Officer found:

A.Carrier delivered to Claimant a single document stating the true corporate name of Carrier, and the name and street address of Carrier’s registered agent, which document was admitted into evidence as Hearing Officer’s Exhibit Number 2.

B.The Texas Department of Insurance, Division of Workers’ Compensation, has jurisdiction to hear this case.

C.Venue is proper in the (City) Field Office of the Texas Department of Insurance, Division of Workers’ Compensation.

D.On ____, Claimant was the Employee of (employer).

The parties agreed as follows:

1. The Parties agreed that the compensable injury of ____ does extend to include radiculopathy and nerve root impingement injury at the L4-L5 level.
2. The Parties agreed that the preponderance of the evidence is contrary to the IRO decision that right L4 and L5 transforaminal epidural steroid injections are not reasonable or necessary treatment for the compensable injury of ____.

DECISION

The Parties agreed that the compensable injury of ____ does extend to include radiculopathy and nerve root impingement injury at the L4-L5 level. The Parties agreed that the preponderance of the evidence is contrary to the IRO decision that right L4 and L5 transforaminal epidural steroid injections are not reasonable or necessary treatment for the compensable injury of ____.

ORDER

Carrier is ordered to pay benefits in accordance with this decision, the Texas Workers’ Compensation Act, and the Commissioner’s Rules. Accrued but unpaid income benefits, if any, shall be paid in a lump sum together with interest as provided by law.

The true corporate name of the insurance carrier is (SELF-INSURED), and the name and address of its registered agent for service of process is:

MM

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Signed this 19th day of February, 2008.

Donald E. Woods
Hearing Officer