Title: 

APD 011960

Significant Decision

Date: 

October 1, 2001

Issues: 

Compensability-Occupationl Inj, Date of Injury, Disabilty/Existence-Duration

Table of Contents

APD 011960

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 23, 2001. The hearing officer determined that appellant (claimant) did not sustain a compensable injury and that she 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. The parties stipulated regarding the date of injury and timely reporting issues and they are not appealed issues.

DECISION

We affirm.

We first note that carrier contends that claimant’s appeal failed to invoke the jurisdiction of the Appeals Panel because the style of claimant’s brief listed the wrong carrier. It appears that this was a typographical error. The correct case number was given and carrier’s attorney was properly served with the brief. We decline to hold that claimant’s appeal did not invoke our jurisdiction.

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. 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 AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

WILLIAM PARNELL

144 WALNUT HILL LANE, SUITE 1600

DALLAS, TEXAS 75231.

Judy L. S. Barnes

CONCUR:

Thomas A. Knapp – Appeals Judge

Robert W. Potts – Appeals Judge