Title: 

APD 032869

Significant Decision

Date: 

December 15, 2003

Issues: 

Dispute of DD MMI Date

Table of Contents

APD 032869

The Appeals Panel received from the appellant (carrier) a request for review, in which the carrier requested that the Appeals Panel correct a clerical error in the hearing officer’s decision. The correction requested was to change the date of maximum medical improvement (MMI) from August 23, 2003, to August 23, 2002, to conform to the hearing officer’s finding of fact on the MMI issue. No response was received from the respondent (claimant). The carrier noted in its request for review that it had also filed a “Request for a Nunc Pro Tunc.” Pursuant to an Order On Motion To Correct Clerical Error (the Order) dated November 3, 2003, the Director of Hearings modified the hearing officer’s decision to reflect that the claimant reached MMI on August 23, 2002. Because the relief requested by the carrier in its request for review has already been granted in the Order, we hereby dismiss the carrier’s request for review.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY 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.

Robert W. Potts

CONCUR:

Elaine M. Chaney – Appeals Judge

Edward Vilano – Appeals Judge