Title: 

APD 011241

Significant Decision

Date: 

July 16, 2001

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 011241

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 May 16, 2001. The hearing officer determined that the compensable injury of the respondent (claimant) includes the bone mal-union in claimant’s finger and that claimant had disability from September 13, 2000, through January 1, 2001. 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.

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. The hearing officer’s determinations are supported by the medical reports and work status reports from Dr. M. We note that there was no issue of bona fide offer in this case. 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:

Michael B. McShane – Appeals Judge

Philip F. O’Neill – Appeals Judge