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At a Glance:
Title:
APD 042065
Date:
October 13, 2004

APD 042065

October 13, 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 (CCH) was held on July 26, 2004. The hearing officer decided that the respondent (claimant herein) did sustain a compensable injury on ______________, and that the claimant had disability beginning on May 4, 2004, and continuing through the date of the CCH. The appellant (carrier herein) files a request for review in which it requests that we correct a typographical error in the hearing officer’s decision. There is no response from the claimant to the carrier’s request for review.

DECISION

We reform the decision of the hearing officer to read “May 4, 2004,” where it reads “May 4, 2003.”

It is clear from reading the decision and order of the hearing officer that the hearing officer found that the claimant had disability from May 4, 2004, through the date of the CCH. However, Finding of Fact No. 5 states that the claimant was unable to obtain and retain employment at wages equivalent to his preinjury wage beginning May 4, 2003. This if obviously a typographical error and we reform this decision to read “May 4, 2004,” where it reads “May 4, 2003.” See Texas Workers’ Compensation Commission Appeal No. 94364, decided May 10, 1994, and cases cited therein.

The decision of the hearing officer is reformed to read “May 4, 2004,” where it reads “May 4, 2003.”

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

ROBIN MOUNTAIN

ACE USA

6600 EAST CAMPUS CIRCLE DRIVE, SUITE 300

IRVING, TEXAS 75063.

Gary L. Kilgore

CONCUR:

Robert E. Lang

Appeals Panel

Manager/Judge

Edward Vilano
Appeals Judge

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