Court of Appeals of Texas,
ALBERTSON’S, INC., Appellant
Donald S. GREEN, Appellee.
March 10, 2004.
From the County Court at Law No. 1, McLennan County, David L. Hodges, Judge, Texas, Trial Court # 20001523-CV1.
Attorneys & Firms
Thad D. Spalding, Hermes Sargent Bates, L.L.P., Dallas, for appellant.
P. James Rainey, Helton Rainey Law Firm, Ltd., Waco, for appellee.
Before Chief Justice REYNA.
BILL VANCE, Justice.
*1 This appeal presents a question of law.
Donald Green injured his back while working for Albertson’s Inc. He filed for workers’ compensation benefits, which were granted, and later received a designation of maximum medical improvement with a 16% impairment rating (IR). He became eligible for supplemental income benefits, but a dispute arose over the finality of his impairment rating. After the Workers’ Compensation Commission found that the IR was final, Green appealed to the county court in McLennan County. Both parties filed motions for summary judgment, and the court granted Green’s and rendered judgment that 1) the Texas Workers’ Compensation Commission have the designated doctor re-examine Green and re-assess his impairment rating, and 2) Green recover impairment income benefits based thereon under the compensation act. Albertson’s appealed, urging that the Austin Court’s decision in Fulton v. Associated Indemn. Corp.-that Commission Rule 130.102(g) is invalid-“is simply wrong.” See Fulton v. Associated Indemn. Corp. 46 S.W.3d 364, 369-73 (Tex. App .-Austin 2001, pet. denied).
Because we agree with the Austin Court, we overrule Albertson’s issues and affirm the judgment.