Title: 

APD 011624

Significant Decision

Date: 

August 24, 2001

Issues: 

Extent of Injury

Table of Contents

APD 011624

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 June 28, 2001. The hearing officer determined that the ____________, compensable injury of the appellant (claimant) is limited to a facial contusion and did not extend to her neck and back. The hearing officer also determined that claimant did not have disability. Claimant appealed these determinations on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determinations regarding extent of injury and disability 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). Regarding the exclusion of claimant’s evidence, we perceive no abuse of discretion. The hearing officer could find from the evidence that claimant did not have good cause for failing to timely exchange the evidence. See Texas Workers’ Compensation Commission Appeal No. 001090, decided June 29, 2000.

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is PACIFIC EMPLOYERS INSURANCE COMPANY and the name and address of its registered agent for service of process is

MARCUS MERRITT

6600 CAMPUS CIRCLE DRIVE EAST # 200

IRVING, TEXAS 75063.

Judy L. S. Barnes

CONCUR:

Elaine M. Chaney – Appeals Judge

Robert W. Potts – Appeals Judge