Title: 

APD 012423

Significant Decision

Date: 

November 26, 2001

Issues: 

Existence of Compensable Inj

Table of Contents

APD 012423

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 September 12, 2001. The hearing officer resolved the disputed issue by concluding that appellant (claimant herein) did not sustain a compensable injury to the low back on _________. Claimant appeals, contending that she established by a preponderance of the evidence that she sustained a compensable injury on __________ Respondent self-insured (carrier herein) filed a timely response, asserting that there was sufficient evidence to support the determination of the hearing officer.

DECISION

We affirm.

We have reviewed the complained-of determination and conclude that the issue involved a fact question 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 claimant’s contention that the hearing officer did not properly consider the medical evidence because the wrong doctor’s name was mentioned with regard to a report, we perceive no reversible error. There is nothing to indicate that the hearing officer did not consider all the evidence.

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is (SELF-INSURED) and the name and address of its registered agent for service of process is

SUPERINTENDENT

ADMINISTRATION BUILDING

ADDRESS

(CITY), TEXAS ZIP (CODE).

Judy L. S. Barnes – Appeals Judge

CONCUR:

Michael B. McShane – Appeals Judge

Philip F. O’Neill – Appeals Judge