Title: 

APD 041007

Significant Decision

Date: 

June 17, 2004

Issues: 

Extent of Injury, Impairment Rating, SIBS-2nd Quarter, SIBS-First Quarter

Table of Contents

APD 041007

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 8, 2004. The hearing officer determined that appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the first or second quarters; that claimant’s impairment rating (IR) is 20%; that the _____________, compensable injury does not extend to include a hernia or aggravation of a hernia; and that the compensable injury does not extend to peripheral neuropathy. Claimant appealed the determinations regarding good faith, direct result, SIBs entitlement, IR, and whether the injury extends to include the hernia. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

Claimant contends that the hearing officer misstated the facts. We conclude that the error is not reversible. We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determinations are supported by the record and are 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, 176 (Tex. 1986).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is NORTH AMERICAN SPECIALTY INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Judy L. S. Barnes

CONCUR:

Chris Cowan – Appeals Judge

Veronica L. Ruberto – Appeals Judge