Title: 

APD 032322

Significant Decision

Date: 

October 22, 2003

Issues: 

Identity of Legal Beneficiary

Table of Contents

APD 032322

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 17, 2003, with the record closing on August 11, 2003. The hearing officer determined that neither respondent 1 nor respondent 2 (the alleged beneficiaries) are entitled to death benefits as surviving spouses. It was stipulated to by the parties that two minor children, JD and AP, are legal beneficiaries of the deceased and are entitled to death benefits. The appellant (carrier) does not appeal the hearing officer’s decision; rather it requests that the Appeals Panel reverse the “indication” in the hearing officer’s Statement of the Evidence that respondent 2 was a putative wife of the deceased. Neither respondent 1 nor respondent 2 replied to the carrier’s appeal.

DECISION

Affirmed.

The carrier does not contend that the hearing officer erred in his findings of fact or conclusions of law. The carrier takes issue with the description of respondent 1 in the Statement of the Evidence as the deceased’s putative wife. We decline to review the accuracy of the characterization of respondent 2 as a putative wife because the carrier is not aggrieved by the hearing officer’s decision.

The decision and order of the hearing officer are affirmed.

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.

Chris Cowan

CONCUR:

Judy L. S. Barnes – Appeals Judge

Elaine M. Chaney – Appeals Judge