Title: 

APD 011074

Significant Decision

Date: 

July 2, 2001

Issues: 

Existence of Compensable Inj, Timely Reporting to Employer

Table of Contents

APD 011074

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 30, 2001. With regard to the issues before her, the hearing officer determined that respondent (claimant) sustained a compensable injury in the form of an occupational disease, with a date of injury of ________, and that claimant timely notified her employer of the injury. Appellant (carrier) appeals, contending the hearing officer’s determinations are against the great weight and preponderance of the evidence. Claimant responds urging affirmance.

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 – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Robert E. Lang

Appeals Panel

Manager/Judge