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 13, 2001. The hearing officer determined that (1) appellant (claimant) did not sustain a compensable lumbar and neck injury “on” __________; (2) respondent (carrier) did not waive the right to contest the compensability of this claim; and (3) claimant timely filed a claim for compensation. Claimant appealed the determinations regarding injury and carrier waiver, on sufficiency grounds. Carrier responded that the Appeals Panel should affirm the hearing officer’s decision and order.
DECISION
We affirm.
We have reviewed the complained-of determination that claimant did not sustain a compensable injury 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 determination 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). Regarding carrier waiver, there was evidence from which the hearing officer could determine that carrier did file a Payment of Compensation or Notice of Refused/Disputed Claim (TWCC-21) in this case. The hearing officer’s determinations in this regard are not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust.
We affirm the hearing officer’s decision and order.
Judy L. S. Barnes
CONCUR:
Susan M. Kelley – Appeals Judge
Michael B. McShane – Appeals Judge