This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on May 3, 2004. The hearing officer resolved the disputed issues by deciding that the respondent’s (claimant) compensable lumbar strain/sprain injury on _______________, does not extend to and include post laminectomy syndrome and that the claimant’s correct impairment rating (IR) for the compensable injury of _______________, is not ripe for adjudication, and the Texas Workers’ Compensation Commission (Commission) should appoint a designated doctor to evaluate the claimant to determine the claimant’s IR. The appellant (carrier) appealed, disputing the hearing officer’s determination regarding the IR. The extent-of-injury determination has not been appealed and is final pursuant to Section 410.169. The benefit review conference report reflects that the parties agreed on the date of maximum medical improvement (MMI) and the parties stipulated at the CCH that both Dr. U and Dr. B certified the claimant reached MMI on September 7, 1994. The hearing officer concluded that the claimant reached MMI on September 7, 1994, for the compensable injury of _______________, and that determination was not appealed and has become final pursuant to Section 410.169.
DECISION
Affirmed.
The parties stipulated that the claimant sustained a compensable lumbar strain/sprain injury on _______________, in the course and scope of employment. Section 408.125 provides that if an IR is disputed, the Commission shall direct the employee to be examined by a designated doctor. Efforts to limit the time that an employee has to dispute the first IR assessed have been struck down by the courts (see Fulton v. Associated Indemnity Corporation, 46 S.W.3d 364 (Tex. App.-Austin 2001, pet. denied).[1] It was undisputed that a designated doctor has not been appointed by the Commission in this case. It was not error for the hearing officer to determine that the claimant’s correct IR for the compensable injury of _______________, is not ripe for adjudication.
We affirm the decision and order of the hearing officer.
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.
Margaret L. Turner
CONCUR:
Robert W. Potts – Appeals Judge
Veronica L. Ruberto – Appeals Judge