Your FREE and easy resource for all things Texas workers' compensation
At a Glance:
Title:
APD 042874
Date:
December 16, 2004

APD 042874

December 16, 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 October 26, 2004. The issues were whether the appellant (claimant) reached maximum medical improvement and, if so, what is the impairment rating. The parties agreed to return the issues to a benefit review conference (BRC) so that additional medical information can be sent to the designated doctor. The effect of the agreement was that the issues were dismissed and the CCH was cancelled. The claimant sent a letter to the Appeals Clerk explaining the adverse consequences of the compensable injury. The clerk processed the letter as an appeal. The respondent (carrier) correctly responded that the letter was not an appeal because it raised no objection to the dismissal of the issues and cancellation of the CCH. See Section 410.202(c).

ORDER

We do not read the claimant’s letter as an appeal of the hearing officer’s decision to abide by the agreement of the parties. Section 410.203(b) provides that an Appeals Panel may affirm or reverse the decision of the hearing officer. In that we do not have an appeal of the hearing officer’s decision, the claimant’s request that we consider his letter is dismissed.

The true corporate name of the insurance carrier is MID-CENTURY INSURANCE COMPANY and the name and address of its registered agent for service of process is

FRED B. WERKENTHIN

FARMER’S INSURANCE GROUP

100 CONGRESS AVENUE

AUSTIN, TEXAS 78701.

Thomas A. Knapp

CONCUR:

Robert W. Potts
Appeals Judge

Margaret L. Turner
Appeals Judge

Top