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At a Glance:
Title:
APD 041609
Date:
August 26, 2004

APD 041609

August 26, 2004

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 June 4, 2004. The hearing officer determined that the impairment rating (IR) of appellant (claimant) is 10%, as certified by the Texas Workers' Compensation Commission (Commission)-selected designated doctor. Claimant appealed these determinations, contending that the designated doctor’s report is not accurate and that the designated doctor did not examine him. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determinations regarding the report of the designated doctor and claimant’s IR. The hearing officer reviewed the record and decided what facts were established. The hearing officer did not err in according presumptive weight to the designated doctor’s report. His determination that claimant’s IR is 10% is supported by the evidence and 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, 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 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.

Judy L. S. Barnes

CONCUR:

Daniel R. Barry
Appeals Judge

Chris Cowan
Appeals Judge

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