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 October 2, 2001. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) reached maximum medical improvement (MMI) on April 30, 2001, with a 30% impairment rating (IR) as certified by the designated doctor chosen by the Texas Workers’ Compensation Commission (Commission). The claimant appealed and the respondent (carrier) responded.
DECISION
The hearing officer’s decision is affirmed.
The hearing officer did not err in determining that the claimant reached MMI on April 30, 2001, with a 30% IR. The MMI and IR report of the designated doctor chosen by the Commission has presumptive weight, and the Commission shall base its determination of MMI and IR on that report unless the great weight of the other medical evidence is to the contrary. Sections 408.122(c) and 408.125(e). MMI is defined in Section 401.011(30) and IR is defined in Section 401.011(24).
The parties stipulated that the claimant sustained a compensable injury on __________. As a result of his workplace exposure to certain chemicals, the claimant has been diagnosed as having reactive airways dysfunction syndrome and an acute exacerbation of asthma.
In March 2000, the claimant was determined not to be at MMI by a doctor who evaluated the claimant as a Commission-selected required medical examination (RME) doctor; however, that doctor reported that the claimant has a 40% IR. Section 408.123(a) provides that an IR is not assigned until after the employee has been certified as having reached MMI.
On May 12, 2000, a carrier-selected RME doctor evaluated the claimant and certified that the claimant reached MMI on May 12, 2000, with a 20% IR.
Apparently, MMI and IR were disputed because the Commission selected a designated doctor to determine MMI and IR. The designated doctor initially evaluated the claimant on June 27, 2000, and certified at that time that the claimant was not at MMI, and thus did not assign the claimant an IR.
Approximately 10 months later, on April 30, 2001, the claimant was again seen by the designated doctor at the Commission’s request, and at that time the designated doctor certified that the claimant reached MMI on April 30, 2001, with a 30% IR.
The carrier-selected RME doctor who had certified that the claimant reached MMI on May 12, 2000, with a 20% IR, reevaluated the claimant in March 2001 and again certified that the claimant reached MMI on May 12, 2000, with a 20% IR.
In July 2001, the claimant’s treating doctor certified that the claimant reached MMI on May 16, 2001, and that the claimant has a greater than 50% IR. In his narrative report, the treating doctor states that the claimant’s IR is between 50 and 100%.
The designated doctor reviewed the treating doctor’s MMI and IR report at the Commission’s request. The designated doctor responded that the treating doctor’s IR of 50 to 100% is unrealistic and that he stands by his own certification of MMI and IR.
The MMI and IR reports of the RME doctors, the treating doctor, and the designated doctor are primarily based on pulmonary function tests, because the claimant has respiratory impairment.
There is conflicting evidence in this case with regard to the MMI date and IR. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. The hearing officer determined that the claimant reached MMI on April 30, 2001, with an IR of 30%, as was certified by the designated doctor in his report of April 30, 2001. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is AMERICAN AUTOMOBILE INSURANCE COMPANY and the name and address of its registered agent for service of process is
DOROTHY C. LEADERER
1999 BRYAN STREET
DALLAS, TEXAS 75201.
Robert W. Potts – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Thomas A. Knapp – Appeals Judge