This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). In Texas Workers’ Compensation Commission Appeal No. 990754, decided May 27, 1999, the Appeals Panel affirmed the determination of the hearing officer that the appellant’s (claimant) compensable injury of __________, did not include the cervical spine. We reversed the determination that the respondent (carrier) did not waive the right to contest the compensability of the cervical spine and remanded this issue for further proceedings. A hearing on remand was held on July 23, 1999, with a new hearing officer, (Hearing Officer), presiding. He determined that the carrier waived the right to dispute the compensability of the cervical spine injury. The carrier has not appealed this determination. The claimant has, however, appealed one finding of fact even though the hearing officer relied on another finding of fact to support his conclusion of law on the waiver issue. Despite the appeal, the claimant requests that the decision be affirmed. The appeals file contains no response from the carrier.
DECISION
Affirmed.
The claimant has not been aggrieved by the decision and order of the hearing officer. The unappealed finding on which the hearing officer relied was sufficient to support the outcome of this case. Therefore, any change to the finding appealed by the claimant would not change the ultimate decision and order. Texas Workers’ Compensation Commission Appeal No. 93393, decided July 2, 1993.
For the foregoing reasons, we affirm the decision and order of the hearing officer.
Alan C. Ernst – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Tommy W. Lueders – Appeals Judge