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APD 042183
October 25, 2004

APD 042183

October 25, 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 August 6, 2004. The hearing officer determined that the impairment rating (IR) of appellant (claimant) is five percent, as certified by the Texas Workers' Compensation Commission-selected designated doctor. Claimant appealed this determination, contending that the IR should be that found by Dr. C. Respondent (carrier) responded that the hearing officer did not err in making her IR determination.


We affirm.

We have reviewed the complained-of determination and conclude that the issue involved a fact question for the hearing officer. 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. We conclude that the hearing officer’s determination is supported by the record 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 ROYAL INDEMNITY COMPANY and the name and address of its registered agent for service of process is


701 BRAZOS, SUITE 1050


Judy L. S. Barnes


Gary L. Kilgore
Appeals Judge

Edward Vilano
Appeals Judge