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 February 2, 2004. The hearing officer determined that the appellant (claimant) reached maximum medical improvement (MMI) on June 3, 2003, with a zero percent impairment rating (IR), as certified by the designated doctor appointed by the Texas Workers’ Compensation Commission (Commission). The claimant appeals these determinations on sufficiency of the evidence grounds. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant reached MMI on June 3, 2003, with a zero percent IR, as certified by the Commission-appointed designated doctor. The claimant asserts that the designated doctor’s certification is contrary to the great weight of the other medical evidence and requests adoption of his referral doctor’s certification, which he believes fully evaluates his condition. Whether the great weight of the other medical evidence was contrary to the opinion of the designated doctor is basically a factual determination. Texas Workers’ Compensation Commission Appeal No. 93459, decided July 15, 1993. We view the report of the claimant’s referral doctor as representing a difference in medical opinion, which does not rise to the level of the great weight of medical evidence contrary to the designated doctor’s report. The hearing officer’s MMI/IR determination is not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
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
PRENTICE-HALL CORPORATION SYSTEM, INC.
800 BRAZOS
AUSTIN, TEXAS 78701.
Edward Vilano
CONCUR:
Judy L. S. Barnes – Appeals Judge
Elaine M. Chaney – Appeals Judge