Title: 

APD 023231

Significant Decision

Date: 

February 6, 2003

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 023231

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 July 10, 2002. The hearing officer determined, after the case was remanded for reconsideration, that the claimant had disability from his hand burn for a week after his date of injury (a week after date of injury). The claimant has appealed this determination; the carrier responds that the record supports the decision.

DECISION

We affirm the hearing officer’s decision.

The facts are set forth in the decision remanding the case, Texas Workers’ Compensation Commission Appeal No. 021994, decided September 23, 2002. Our concerns with the weight of the evidence in the case to support the extensive period of disability originally found by the hearing officer are set forth. The hearing officer reconsidered the evidence in light of the appropriate burden of proof and shortened the period of disability consistent with the opinion of the required medical examination doctor as well as other medical records. We have reviewed the record and find that the record supports this redetermination. Accordingly, we affirm the decision and order.

The true corporate name of the insurance carrier is THE GRAY INSURANCE COMPANY and the name and address of its registered agent for service of process is

ROBERT L. WALLACE

1717 EAST LOOP, SUITE 333

HOUSTON, TEXAS 77029.

Susan M. Kelley – Appeals Judge

CONCUR:

Daniel R. Barry – Appeals Judge

Michael B. McShane

Appeals Panel

Manager/Judge