Title: 

APD 031251

Significant Decision

Date: 

July 8, 2003

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 031251

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 9, 2003. With respect to the issues before him, the hearing officer determined that the appellant (claimant) sustained a compensable repetitive trauma injury to his right shoulder with a date of injury of ______________, and that he had disability from ______________, through the date of the hearing. The claimant filed a conditional request for review of the hearing officer’s denial of his request to add an issue as to whether the respondent (carrier) waived its right to contest compensability. The appeal file does not contain a response to the claimant’s conditional appeal from the carrier. In addition, the carrier did not appeal the hearing officer’s decision.

DECISION

The hearing officer’s decision and order have become final. Section 410.169.

In his appeal the claimant stated that he was filing “this conditional request for review, to be conditioned on the carrier requesting review of the Hearing Officer’s decision.” The carrier did not appeal the hearing officer’s decision and order. Accordingly, we dismiss the claimant’s conditional appeal.

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

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Elaine M. Chaney

CONCUR:

Gary L. Kilgore – Appeals Judge

Edward Vilano – Appeals Judge