Title: 

APD 041675

Significant Decision

Date: 

September 2, 2004

Issues: 

Relief of Agreement

Table of Contents

APD 041675

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 10, 2004. The hearing officer resolved the disputed issue by determining that good cause exists to relieve the respondent (claimant) from the effects of the Benefit Dispute Agreement (TWCC-24) approved on May 10, 2002. The appellant (carrier) appeals this determination. The appeal file does not contain a response from the claimant.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determination. We review a hearing officer’s decision on a request to set aside an agreement under an abuse-of-discretion standard. Texas Workers’ Compensation Commission Appeal No. 92426, decided October 1, 1992. The Appeals Panel must consider whether the hearing officer looked to appropriate guiding principles or standards in making the determination. Morrow v. H.E.B., Inc., 714 S.W.2d 297 (Tex. 1986). A claimant’s failure to understand the extent of an agreement has been found to be good cause for setting aside an agreement. See Texas Workers’ Compensation Commission Appeal No. 950180, decided March 21, 1995.Under the circumstances presented in this case, we cannot conclude that the hearing officer abused his discretion or otherwise erred in determining that good cause exists to relieve the claimant from the effects of the TWCC-24 approved on May 10, 2002.

The hearing officer’s decision and order are affirmed.

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

STEVE ROPER

1616 SOUTH CHESTNUT STREET

LUFKIN, TEXAS 75901.

Chris Cowan – Appeals Judge

CONCUR:

Daniel R. Barry – Appeals Judge

Edward Vilano – Appeals Judge