Title: 

APD 013219

Significant Decision

Date: 

February 19, 2002

Issues: 

Dispute of DD IR, Extent of Injury

Table of Contents

APD 013219

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 December 5, 2001. The hearing officer determined that the compensable injury of respondent (claimant) extends to claimant’s right hip and that his impairment rating (IR) is 14%, in accordance with the report of the designated doctor. Appellant (carrier) appealed these determinations on sufficiency grounds. The file does not contain a response from claimant.

DECISION

We affirm.

We have reviewed the complained-of determination regarding extent of injury and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer found from claimant’s testimony and the medical evidence that the injury extended to claimant’s hip. We conclude that the hearing officer’s determination is 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).

Regarding the IR determination, carrier contends that it should be five percent and that only the hernia and groin injury should be rated. However, given the hearing officer’s determination regarding extent of injury, we conclude that the hearing officer did not err in including the nine percent impairment for claimant’s hip that was found by the designated doctor. We perceive no error regarding the hearing officer’s IR determination.

We affirm the hearing officer’s decision and order.

According to information provided by carrier, 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.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Robert W. Potts – Appeals Judge

Edward Vilano – Appeals Judge