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 30, 2004. The hearing officer determined that appellant (claimant) reached maximum medical improvement (MMI) on February 19, 2004, with an impairment rating (IR) of zero percent, in accordance with the report of the Texas Workers' Compensation Commission (Commission)-selected designated doctor. Claimant appealed these determinations on sufficiency grounds. Respondent (carrier) responded that the hearing officer did not err in making his determinations.
Sections 408.122(c) and 408.125(c) provide that the designated doctor’s MMI and IR report has presumptive weight and that the Commission shall base its determination of MMI and IR on that report unless the great weight of the other medical evidence is to the contrary. The hearing officer’s determination that the claimant reached MMI on February 10, 2004, with a zero percent IR as reported by the designated doctor is supported by sufficient evidence and is not against the great weight and preponderance of the evidence.
We affirm the hearing officer’s decision and order.
According to information provided by carrier, the true corporate name of the insurance carrier is NEW HAMPSHIRE INSURANCE 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
Veronica L. Ruberto