Title: 

APD 011056

Significant Decision

Date: 

July 2, 2001

Issues: 

Timely Reporting to Employer

Table of Contents

APD 011056

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 19, 2001. The hearing officer determined that respondent (claimant) did not sustain a compensable injury; that the date of injury is ________; and that claimant timely reported the claimed injury. Appellant self-inured (“carrier” herein) appealed the determinations regarding date of injury and timely notice, even though it prevailed at the hearing. The file does not contain a response from claimant.

DECISION

We affirm.

We first note that carrier prevailed at the hearing because the hearing officer found there was no compensable injury. Even were we to reverse regarding the complained-of issues, it would not change the outcome of the case. In any case, we do not find reversible error in this case. 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, 176 (Tex. 1986).

We affirm the hearing officer’s decision and order.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Robert E. Lang

Appeals Panel

Manager/Judge