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 21, 2001. There were five issues at the hearing:
1.What is the date of injury?
2.Did the [appellant/cross-respondent] Claimant sustain a compensable repetitive trauma injury in the form of an occupational disease?
3.Is the [respondent/cross-appellant] carrier relieved from liability under Texas Labor Code Ann. Section 409.002 because of the Claimant’s failure to timely notify her employer pursuant to Sec. 409.001?
4.Is the Claimant barred from pursing [sic] Texas workers’ compensation benefits because of an election to receive benefits under a group health insurance policy?
5.Did the Claimant have disability resulting from the claimed injury, and if so, for what period?
The claimant appeals, arguing essentially that the hearing officer’s findings in regard to all of the above issues, except issue 4, are against the great weight of the evidence. The carrier responds, conditionally appealing issue 4, and urging affirmance on the other issues. The claimant did not respond to the carrier’s cross-appeal.
DECISION
Affirmed.
Evidence was received as to all issues; the hearing officer found that (1) the date of injury was __________; (2) the claimant did not sustain a compensable injury; (3) the carrier is relieved of liability because the claimant failed to timely notify her employer of a claimed injury; (4) the claimant is not barred from pursuing benefits because of an election of remedies; and (5) the claimant did not have disability. The issues presented questions of fact for the hearing officer to decide. Applying our standard of review, 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).
The decision and order of the hearing officer are affirmed.
Gary L. Kilgore – Appeals Judge
CONCUR IN THE RESULT:
Thomas A. Knapp – Appeals Judge
Philip F. O’Neill – Appeals Judge