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 August 17, 2023, with the record closing on September 20, 2023, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issue by deciding that none of the services provided by appellant 2 (subclaimant) from November 8, 2022, through March 9, 2023, relate to the compensable injury.
Appellant 1 (claimant) and subclaimant appealed, disputing the ALJ’s determination. The respondent (carrier) responded, urging affirmance of the ALJ’s determination.
DECISION
Affirmed as reformed.
The ALJ is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). As an appellate reviewing tribunal, the Appeals Panel will not disturb challenged factual findings of an ALJ absent legal error, unless they are 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); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
Section 410.203(b) was amended effective September 1, 2011, to allow the Appeals Panel to affirm the decision of an ALJ as prescribed in Section 410.204(a-1). Section 410.204(a) provides, in part, that the Appeals Panel may issue a written decision on an affirmed case as described in subsection (a-1). Subsection (a-1) provides, in part, that the Appeals Panel may only issue a written decision in a case in which the Appeals Panel affirms the decision of an ALJ if the case: (1) is a case of first impression; (2) involves a recent change in law; or (3) involves errors at the CCH that require correction but do not affect the outcome of the hearing. This case is a situation involving errors that require correction but do not affect the outcome of the hearing.
Section 410.164(c) provides as follows: At each CCH, as applicable, the insurance carrier shall file with the ALJ and shall deliver to the claimant a single document stating the true corporate name of the insurance carrier and the name and address of the insurance carrier’s registered agent for service of process. The document is part of the record of the CCH.
In this case, the carrier’s information form (Carrier’s Exhibit B) states the name of the registered agent for service of process is CT Corporation System. However, in the Order section of his decision, the ALJ mistakenly indicates that the registered agent’s name is Corporation Service Company. Therefore, we reform the Order section of the ALJ’s decision to reflect that the correct name of the carrier’s registered agent for service of process is CT Corporation System.
The ALJ’s determination that none of the services provided by the subclaimant from November 8, 2022, through March 9, 2023, relate to the compensable injury is supported by sufficient evidence and is affirmed.
The true corporate name of the insurance carrier is ACCIDENT FUND GENERAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
1999 BRYAN STREET, SUITE 900
DALLAS, TEXAS 75201-3136.
Cristina Beceiro – Appeals Judge
CONCUR:
Carisa Space-Beam – Appeals Judge
Margaret L. Turner – Appeals Judge