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 September 17, 2002. The hearing officer determined that the appellant’s (claimant) impairment rating (IR) is 6%. The claimant argues that this determination is against the great weight of the other medical evidence. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s IR is 6%, consistent with the designated doctor’s certification. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.6(i) (Rule 130.6(i)) provides that the designated doctor’s response to a request for clarification is considered to have presumptive weight, as it is part of the designated doctor’s opinion. See also, Texas Workers’ Compensation Commission Appeal No. 013042-s, decided January 17, 2002. The evidence shows that, in response to a letter of clarification from the Commission, the designated doctor explained why he chose not to rate the claimant’s injury under Table 49 of the Guides to the Evaluation of Permanent Impairment, third edition, second printing, dated February 1989, published by the American Medical Association. The hearing officer found that the designated doctor’s IR was not contrary to the great weight of the other medical evidence and her determination in this regard 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, 176 (Tex. 1986). Thus, the hearing officer did not err in granting presumptive weight to the 6% IR assigned by the designated doctor.
The decision and order of the hearing officer is affirmed.
The true corporate name of the insurance carrier is LIBERTY INSURANCE CORPORATION and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Gary L. Kilgore
CONCUR:
Judy L. S. Barnes – Appeals Judge
Thomas K. Knapp – Appeals Judge