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 opened on May 15, 2002, and completed on September 10, 2002. The hearing officer determined that the respondent’s (claimant) impairment rating (IR) is 19% as certified by the designated doctor selected by the Texas Workers’ Compensation Commission in his amended report. The parties stipulated that the claimant reached maximum medical improvement (MMI) on the statutory date of August 11, 2000; and that the claimant is not entitled to supplemental income benefits (SIBs) for the first quarter. The appellant (carrier) appealed the hearing officer’s determination as to the correct dates of the first quarter of SIBs. The file does not contain a response from the claimant. The hearing officer’s determination that the claimant’s IR is 19% was not appealed and has become final. Section 410.169.
DECISION
Affirmed, as modified.
The hearing officer appears to have calculated the dates of the first quarter of SIBs using the statutory date of MMI and the designated doctor’s initial 26% IR. However, the hearing officer determined that the claimant’s IR is 19% and, as such, the dates of the first quarter must be calculated using that IR. We therefore modify the hearing officer’s decision and order to show that the first quarter of SIBs ran from September 15 to December 14, 2001.
As so modified, the hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is ASSOCIATION CASUALTY INSURANCE COMPANY and the name and address of its registered agent for service of process is
HAROLD FISHER-PRESIDENT
3420 EXECUTIVE CENTER DRIVE, SUITE 200
AUSTIN, TEXAS 78731.
Elaine M. Chaney – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Michael B. McShane – Appeals Judge