Title: 

APD 033085

Significant Decision

Date: 

January 21, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Contest by Carrier

Table of Contents

APD 033085

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 October 30, 2003. The hearing officer determined that the respondent (claimant) had not sustained a compensable injury on _______________; that the claimant did not have disability; and that the appellant (carrier) had not waived the right to contest compensability of the claimed injury.

The carrier filed a conditional appeal regarding the claimant’s inability to obtain and retain employment as a result of the recurrence of certain symptoms. The file does not contain an appeal or a response from the claimant.

DECISION

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

The carrier’s request for review stated that its appeal “is conditional on claimant filing a Request for Review . . . and is automatically withdrawn in the event that the claimant does not file a Request for Review.” The claimant did not appeal the hearing officer’s decision and order, therefore the carrier’s request for review has been withdrawn and the hearing officer’s decision and order have become final.

The true corporate name of the insurance carrier is LIBERTY INSURANCE CORPORATION and the name and address of its registered agent for service of process is

CT CORPORATION

350 NORTH ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Thomas A. Knapp

CONCUR:

Gary L. Kilgore – Appeals Judge

Edward Vilano – Appeals Judge