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 June 23, 2011. The hearing officer resolved the disputed issues by deciding that: (1) the compensable injury of (date of injury), extends to a grade II superior labral tear of the left shoulder; (2) the respondent (claimant) reached maximum medical improvement (MMI) on October 6, 2010; (3) the claimant’s impairment rating (IR) is eight percent; (4) the claimant had disability from March 11, 2009, through September 1, 2010, but not thereafter through the date of the CCH; and (5) the Texas Department of Insurance, Division of Workers’ Compensation (Division) has jurisdiction to determine the extent of the compensable injury to include a grade II superior labral tear of the left shoulder.
The appellant (carrier) appealed, disputing the hearing officer’s determinations of the extent of injury, MMI, IR, disability and jurisdiction. The appeal file does not contain a response from the claimant to the carrier’s appeal.
DECISION
Affirmed in part and reversed and rendered in part.
The hearing officer’s determinations that the compensable injury of (date of injury), extends to a grade II superior labral tear of the left shoulder; the claimant reached MMI on October 6, 2010; the claimant’s IR is eight percent; and the Division has jurisdiction to determine the extent of the compensable injury to include a grade II superior labral tear of the left shoulder are supported by sufficient evidence and are affirmed.
DISABILITY
The disability issue reported from the benefit review conference was: Did the claimant have disability resulting from a compensable injury, for the period of December 25, 2009, through October 6, 2010? At the CCH the parties agreed to modify the disability issue to decide the time period from November 4, 2009, through October 5, 2010. In her decision and order, the hearing officer noted that the parties agreed to modify the issue but did not identify the correct period the parties agreed to.[1]
The parties agreed to limit the period of disability in dispute to an ending date of October 5, 2010. The hearing officer found that the claimant had disability through September 1, 2010, but not thereafter through the date of the CCH, June 23, 2011. The hearing officer’s determination that the claimant did not have disability after October 5, 2010, exceeded the scope of the disputed issue before her. We reverse the hearing officer’s determination that the claimant had disability from March 11, 2009, through September 1, 2010, but not thereafter through the date of the CCH and render a new decision that the claimant had disability from November 5, 2009, through September 1, 2010, but did not have disability from September 2, 2010, through October 5, 2010.
SUMMARY
We affirm the hearing officer’s determination that the compensable injury of (date of injury), extends to a grade II superior labral tear of the left shoulder. We affirm the hearing officer’s determination that the claimant reached MMI on October 6, 2010. We affirm the hearing officer’s determination that the claimant’s IR is eight percent. We affirm the hearing officer’s determination that the Division has jurisdiction to determine the extent of the compensable injury to include a grade II superior labral tear of the left shoulder.
We reverse the hearing officer’s determination that the claimant had disability from March 11, 2009, through September 1, 2010, but not thereafter through the date of the CCH and render a new decision that the claimant had disability from November 5, 2009, through September 1, 2010, but did not have disability from September 2, 2010, through October 5, 2010..
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
CT CORPORATION SYSTEMS
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Margaret L. Turner – Appeals Judge
CONCUR:
Cynthia A. Brown – Appeals Judge
Thomas L. Knapp – Appeals Judge
- In evidence was a decision and order from a prior CCH held on November 4, 2009. In that CCH, the hearing officer determined that the claimant did not have disability from March 11, 2009, to March 16, 2009, but did sustain disability beginning on March 17, 2009, and continuing through the date of the CCH (November 4, 2009). Division records indicate that decision was appealed to the Appeals Panel and the hearing officer’s decision and order was allowed to become final on February 16, 2010. No evidence was presented at the CCH that the disability determination from the prior CCH was appealed to district court. ↑