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 4, 2000. The hearing officer resolved the disputed issues of injury, timely report of injury and disability by deciding:
1.The claimant did not sustain a compensable injury in the form of an occupational disease .
2.The carrier was relieved of liability because the claimant failed to timely report his injury to his employer.
3.The claimant did not have disability as he did not sustain a compensable injury.
The claimant appealed and the carrier responded.
DECISION
Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.
There was conflicting evidence presented at the CCH on the disputed issues. The hearing officer’s determinations on the issues are not 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).
Gary L. Kilgore – Appeals Judge
CONCUR:
Robert E. Lang
Appeals Panel
Manager/Judge
Robert W. Potts – Appeals Judge