Title: 

APD 011940

Significant Decision

Date: 

October 2, 2001

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 011940

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 July 24, 2001. The hearing officer determined that respondent (claimant) sustained a compensable injury on _____________, and that he had disability from February 6, 2001, through April 26, 2001. Appellant (carrier) appealed these determinations on sufficiency grounds. The file does not contain a response from claimant.

DECISION

We affirm.

We have reviewed the complained-of determinations regarding 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. A claimant’s testimony alone may be sufficient to prove an injury, although this issue involves a question of fact. Texas Workers’ Compensation Commission Appeal No. 001523, decided August 16, 2000. We do not agree that expert evidence on causation was required in this case. Based on claimant’s testimony, the hearing officer could and did find that claimant sustained an injury at work. 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.

The true corporate name of the insurance carrier is ALBERTSON’S, INC. (SELF-INSURED) and the name and address of its registered agent for service of process is

C.T. CORPORATION SYSTEM

350 N. ST. PAUL STREET

DALLAS, TEXAS 75201.

Judy L. S. Barnes

CONCUR:

Thomas A. Knapp – Appeals Judge

Michael B. McShane – Appeals Judge