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 November 5, 2001. The hearing officer determined that (1) the appellant (claimant) had disability from June 23, 2001, to July 17, 2001, from the compensable injury of ___________; and (2) the claimant did not have good cause for failure to attend a required medical examination (RME) scheduled for June 19, 2001, and is not entitled to temporary income benefits (TIBs) from June 19, 2001 through July 10, 2001. The claimant appeals the hearing officer’s good cause determination. The respondent (carrier) urges affirmance. The hearing officer’s disability determination was not appealed and is, therefore, final. Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant did not have good cause for failing to attend the RME on June 19, 2001. This case involves the application of Section 408.004(e) and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 126.6(h) (Rule 126.6(h)), which provide that a carrier may suspend TIBs, during and for a period in which the employee fails to submit to an RME unless the Texas Workers’ Compensation Commission determines that the employee had good cause for the failure to submit to the examination. Whether good cause exists is a matter left up to the discretion of the hearing officer, and the determination will not be set aside unless the hearing officer acted without reference to any guiding rules or principles. Texas Workers’ Compensation Commission Appeal No. 002816, decided January 17, 2001, citing Morrow v. H.E.B., Inc., 714 S.W.2d 297 (Tex. 1986). In view of the evidence presented, the hearing officer could find, as he did, that the claimant agreed to the RME scheduled for June 19, 2001, and did not have undue difficulty in arranging for transportation to the RME. Accordingly, we cannot conclude that the hearing officer abused his discretion in determining that the claimant did not have good cause for failing to submit to the RME on June 19, 2001, and is not entitled to TIBs from June 19, 2001, through July 10, 2001.
The decision and order of the hearing officer is affirmed.
The true corporate name of the carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750
AUSTIN, TEXAS 75701.
Edward Vilano – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Gary L. Kilgore – Appeals Judge