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 April 16, 2001. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on __________, and did not have disability.
The claimant appeals on the basis that he met his burden to prove injury and disability, and that the findings are against the great weight and preponderance of the evidence. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
Appealed issue number one and decision: It was not error to find that the claimant did not sustain a compensable injury on __________. Injury is a question of fact within the sound discretion of the hearing officer. We find the hearing officer’s decision was not against the great weight and preponderance of the evidence. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
Appealed issue number two and decision: It was not error to find that the claimant was not injured in the course and scope of his employment when he was involved in a motor vehicle accident in a car wash. Again, the hearing officer found no compensable injury.
Appealed issue number three and decision: It is not error to find that the claimant did not have disability from September 7, 2000, to the present as a result of the __________, injury. With no compensable injury, there can be no disability. Section 401.011(16).
The hearing officer’s decision and order are affirmed.
Thomas A. Knapp – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Michael B. McShane – Appeals Judge