Title: 

APD 010763

Significant Decision

Date: 

May 29, 2001

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 010763

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 March 21, 2001. In response to the issues before her, she determined that appellant (claimant) did not sustain a compensable injury on __________, and that he did not have disability. Claimant appealed, contending that the evidence shows that he sustained a new injury or aggravation. Respondent (carrier) responds that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determinations 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 (Tex. 1986). Claimant complains that the hearing officer did not consider all of the evidence. However, there is nothing in the record to indicate that the hearing officer failed to consider the evidence admitted at the hearing. We perceive no error in this regard.

We affirm the hearing officer’s decision and order.

Judy L. Barnes – Appeals Judge

CONCUR:

Philip F. O’Neill – Appeals Judge

Robert W. Potts – Appeals Judge