Title: 

APD 022515

Significant Decision

Date: 

November 25, 2002

Issues: 

Reimbursement For Med/Travel

Table of Contents

APD 022515

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 August 27, 2002. The hearing officer determined that the respondent (claimant herein) was entitled to reimbursement for expenses for medical treatment at the direction of Dr. H in the amount of $524.40, unless his actual expenses were less for the two trips on May 2, 2002, and June 14, 2002. The appellant (carrier herein) files a request for review, contending that the evidence failed to establish that the claimant was entitled to travel reimbursement. The claimant responds that there is sufficient evidence to support the decision of the hearing officer.

DECISION

Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.

Whether the claimant is entitled to reimbursement for travel expenses under Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 134.6 (Rule 134.6) was a factual question for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). We will reverse a factual determination of a hearing officer only if that determination is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986). Applying this standard, we find no grounds upon which to reverse the decision of the hearing officer.

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is:

RUSSELL OLIVER, PRESIDENT

TEXAS MUTUAL INSURANCE COMPANY

221 WEST 6TH STREET

AUSTIN, TEXAS 78701.

Gary L. Kilgore – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Margaret L. Turner – Appeals Judge