Title: 

APD 040904

Significant Decision

Date: 

June 10, 2004

Issues: 

Disabilty/Existence-Duration, Extent of Injury, Timely Contest by Carrier

Table of Contents

APD 040904

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 5, 2004. The hearing officer decided that: (1) the compensable injury of ______________, does not extend to and include the diagnosed lumbar disc protrusion at L4-5 or L5-S1, facet arthrosis at L4-5 or L5-S1, lumbar radiculopathy, lumbar intervertebral disc syndrome, lumbar sacral neuralgia, or a cervical sprain/strain, but it does include a chest wall contusion and a left shoulder strain; (2) the appellant (carrier) did not waive the right to contest compensability of the lumbar spine; and (3) the respondent (claimant) did not have disability from May 1, 2003, through the date of the hearing. The carrier requests correction of clerical errors contained in the hearing officer’s decision. The claimant did not file a response.

DECISION

The carrier requests correction of clerical errors contained in Conclusion of Law No. 5 and the “Decision” paragraph of the hearing officer’s decision and order. The Director of Hearings issued an “Order on Motion to Correct Clerical Error” on April 22, 2004, granting the relief requested by the carrier. Accordingly, no further action is necessary in this proceeding. The appeal is, therefore, dismissed.

The true corporate name of the insurance carrier is AMERICAN ZURICH INSURANCE COMPANY and the name and address of its registered agent for service of process is

LEO F. MALO

12222 MERIT DRIVE, SUITE 700

DALLAS, TEXAS 75251-2237.

Edward Vilano – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Thomas A. Knapp – Appeals Judge