Title: 

APD 020086

Significant Decision

Date: 

February 21, 2002

Issues: 

Dispute of DD IR, Dispute of DD MMI Date

Table of Contents

APD 020086

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 10, 2001. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) reached maximum medical improvement (MMI) on May 11, 2001, and had a zero percent impairment rating (IR), per the designated doctor’s opinion. The claimant appealed the hearing officer’s determinations on sufficiency grounds and the respondent (carrier) responded, seeking affirmance.

DECISION

We affirm.

The hearing officer did not err in determining that the claimant reached MMI on May 11, 2001, and that her IR was zero percent, in accord with the designated doctor’s report, which is accorded presumptive weight. We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer considered the medical evidence and decided that the great weight of the medical evidence was not contrary to the opinion of the designated doctor. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer reviewed the record and resolved what facts were established. We conclude that the hearing officer’s determinations are sufficiently supported by the record and are 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).

The hearing officer’s decision and order are affirmed.

The true corporate name of the self-insured is FIRST AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is

JAMES W. FISHER

8111 LBJ FREEWAY

DALLAS, TEXAS 75251.

Terri Kay Oliver – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Michael B. McShane – Appeals Judge