Title: 

APD 011395

Significant Decision

Date: 

August 2, 2001

Issues: 

Date of Injury, Disabilty/Existence-Duration, Timely Reporting to Employer

Table of Contents

APD 011395

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 23, 2001. The hearing officer determined that respondent (claimant) sustained a compensable repetitive trauma injury with a date of injury of ______________. The hearing officer also determined that claimant had good cause for the failure to report the injury within 30 days and that claimant had disability from August 30, 2000, through April 29, 2001. Appellant (carrier) appealed the determinations regarding good cause and disability on sufficiency grounds. Carrier also contends that the evidence does not support a determination that claimant injured her right upper extremity. 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. 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:

Elaine M. Chaney – Appeals Judge

Thomas A. Knapp – Appeals Judge