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 January 22, 2002. The hearing officer determined that the appellant (claimant) reached maximum medical improvement (MMI) on October 19, 1999, with an impairment rating (IR) of two percent, as certified by the Texas Workers’ Compensation Commission (Commission)-appointed designated doctor. The claimant appeals the determinations on sufficiency grounds. The respondent (carrier) urges affirmance of the hearing officer’s decision.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant reached MMI on October 19, 1999, with a two percent IR, as certified by the Commission-appointed designated doctor. The claimant asserts that the designated doctor’s certification is contrary to the great weight of the other medical evidence and requests adoption of his treating doctor’s certification, which he believes fully evaluates his condition. Whether the great weight of the other medical evidence was contrary to the opinion of the designated doctor is basically a factual determination. Texas Workers’ Compensation Commission Appeal No. 93459, decided July 15, 1993. We view the report of the claimant’s treating doctor as representing a difference in medical opinion, which does not rise to the level of the great weight of medical evidence contrary to the designated doctor’s report. The hearing officer’s MMI/IR 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 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
The true corporate name of the carrier is LIBERTY MUTUAL INSURANCE CORPORATION and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEMS
350 NORTH ST. PAUL, SUITE 2900
DALLAS, TEXAS 75201.
Edward Vilano – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Susan M. Kelley – Appeals Judge