Title: 

APD 012246

Significant Decision

Date: 

November 12, 2001

Issues: 

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

Table of Contents

APD 012246

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on August 14, 2001. The hearing officer resolved the disputed issues by concluding that the respondent (claimant) sustained a compensable injury in the form of an occupational disease; that the date claimant knew or should have known this disease may be related to employment was ____________; that the appellant (carrier) was not relieved of liability because claimant timely notified the employer of the injury; and that claimant had disability from July 19, 2001, through the date of the CCH. Carrier appeals, contending that the determinations of the hearing officer are against the great weight and preponderance of the evidence. The appeals file does not contain a response from claimant.

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.

According to information filed by carrier, the true corporate name of the insurance carrier is PAULA FINANCIAL CORPORATION and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

d/b/a CSC LAWYERS, INC.

100 CONGRESS AVE., #100

AUSTIN, TEXAS 78701.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Michael B. McShane – Appeals Judge