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 25, 2001. The hearing officer determined that the respondent (carrier) is relieved of liability for the appellant’s (claimant) injury under Section 409.002 because the claimant failed to notify the employer of a work-related injury within 30 days of the time when the claimant knew or should have known that the injury was work related, as required by Section 409.001(a)(2) for an occupational disease. The claimant has appealed the adverse decision on sufficiency of the evidence grounds. The carrier has responded, and urges that the determination of the hearing officer be affirmed.
DECISION
Affirmed.
Whether or not the claimant made a timely notification to her employer of a work-related injury is a question of fact for the hearing officer to decide. Conflicting evidence was presented with regard to whether the claimant timely notified the employer. The hearing officer’s factual determination on this issue is 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.
Michael B. McShane – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Gary L. Kilgore – Appeals Judge