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 April 16, 2003. The hearing officer determined that the respondent (claimant) sustained a compensable injury on _____________, and that he had disability during the following periods of time: August 15 through August 18, 2002; August 23, 2002, through November 10, 2003; and January 10, 2003, through the date of the hearing. The appellant (carrier) appeals this decision for the limited purpose of correcting a clerical error in the disability date of November 10, 2003. The carrier argues that the evidence reflects that this date should actually be November 10, 2002. The appeal file contains no response from the claimant.
DECISION
Affirmed as reformed.
The uncontroverted evidence reflects that, due to the claimed injury, the claimant was off work from August 23, 2002, through November 10, 2002, and was released to return to work beginning November 11, 2002. In order for the decision and order to comport with the evidence, and because a disability ending date cannot be prospective from the hearing date, all references in the Decision and Order to November 10, 2003, as the ending date of the second period of disability are hereby reformed to reflect the correct date of November 10, 2002. Thus, the hearing officer’s decision is reformed to reflect that the claimant had disability from August 15 through August 18, 2002, from August 23 through November 10, 2002, and from January 10, 2003, through the date of the hearing.
The decision and order of the hearing officer are affirmed as reformed.
The true corporate name of the insurance carrier is OLD REPUBLIC INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Chris Cowan
CONCUR:
Gary L. Kilgore – Appeals Judge
Michael B. McShane
Appeals Panel
Manager/Judge