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 7, 2001. With respect to the single issue before him, the hearing officer determined that the appellant’s (claimant) impairment rating (IR) is 7%, as certified by the designated doctor appointed by the Texas Workers’ Compensation Commission (Commission). In his appeal, the claimant argues that the hearing officer erred in giving presumptive weight to the designated doctor’s 7% IR. The appeal file does not contain a response to the claimant’s appeal from the respondent (carrier).
DECISION
Affirmed.
Sections 408.122(c) and 408.125(e) of the 1989 Act provide that the report of a Commission-appointed designated doctor determining the claimant’s IR shall have presumptive weight, and the Commission shall base its determination on such report, unless the great weight of other medical evidence is to the contrary. The Appeals Panel has stated that the great weight of the other medical evidence requires more than a mere balancing or preponderance of the evidence; that no other doctor’s report, including the treating doctor’s report, is accorded the special presumptive status; that the designated doctor’s report should not be rejected absent a substantial basis for doing so; and that medical evidence, not lay testimony, is required to overcome the designated doctor’s report. Texas Workers’ Compensation Commission Appeal No. 960817, decided June 6, 1996.
The hearing officer determined that the great weight of the other medical evidence is not contrary to the designated doctor’s report. The difference between the treating doctor’s 29% IR and the 7% of the designated doctor is attributable to the fact that the treating doctor obtained valid lumbar range of motion (ROM) ratings in his examination of the claimant while the designated doctor did not obtain valid ROM ratings either at his initial examination or on retesting. The treating doctor’s report, which includes a 19% lumbar ROM IR, simply does not rise to the level of the great weight of the other medical evidence contrary to the designated doctor’s report and his 7% IR. As such, the hearing officer did not err in giving presumptive weight to the designated doctor’s report in accordance with Sections 408.122(c) and 408.125(e) and in determining that the claimant’s IR is 7%.
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750, COMMODORE 1
AUSTIN, TEXAS 78701.
Elaine M. Chaney – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Terri Kay Oliver – Appeals Judge