Title: 

APD 010109

Significant Decision

Date: 

February 28, 2001

Issues: 

Compensability-Occupationl Inj, Date of Injury, Election of Remedies

Table of Contents

APD 010109

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on December 14, 2000. The hearing officer determined that: (1) respondent (claimant) sustained a compensable bilateral thumb injury; (2) the date of injury was __________; (3) claimant timely reported her injury on February 21, 2000; and (4) claimant did not make a knowing election of remedies.[1] Appellant (carrier) appealed these determinations on sufficiency grounds. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

Carrier appeals the hearing officer’s determinations on sufficiency grounds. The matters carrier complained of in its brief all concern credibility and fact issues, which were for the hearing officer to consider. We have reviewed the complained-of determinations and we conclude that they 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).

We affirm the hearing officer’s decision and order.

Judy L. S. Barnes

CONCUR:

Elaine M. Chaney – Appeals Judge

Robert W. Potts – Appeals Judge

  1. The hearing officer listed disability as an issue, but did not err in failing to make determinations regarding disability. That issue was not litigated or reported out of the benefit review conference.