Title: 

APD 021112

Significant Decision

Date: 

June 24, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Contest by Carrier

Table of Contents

APD 021112

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 March 19, 2002. The hearing officer decided that the appellant (carrier) has waived the right to contest compensability of the claimed injury by not timely contesting the injury in accordance with Section 409.021 and, therefore, the respondent (claimant) sustained a compensable injury to his low back, including the resulting impotency, and neck, as a matter of law; that the claimant had disability beginning on _______________, and continuing through June 1, 2001; and that the claimant is not barred from pursuing Texas workers’ compensation benefits because of an election to receive benefits under a group health insurance policy. The carrier appealed. There is no response from the claimant in the file.

DECISION

Affirmed.

The hearing officer’s decision and order are supported by sufficient evidence and are affirmed in their entirety.

The true corporate name of the insurance 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 78701.

Daniel R. Barry

CONCUR:

Judy L. S. Barnes – Appeals Judge

CONCUR IN THE RESULT:

Philip F. O’Neill – Appeals Judge