This appeal arises under the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on September 27, 2001. With regard to the only issue before him the hearing officer determined that the respondent (claimant) had disability from September 6, 2000, through November 30, 2000, and from December 16, 2000 through May 18, 2001.
The appellant (carrier) appeals, contending that the claimant’s unemployment during the periods at issue was due to her termination for cause rather than the compensable injury. The claimant responds urging affirmance.
DECISION
Affirmed.
The claimant was a licensed vocational nurse performing relatively light duties doing mostly paper-work. The parties stipulated that the claimant sustained a compensable (spinal) injury on ___________, and reached maximum medical improvement on June 12, 2001. After the claimant’s injury the claimant was released to, and did in fact return to, her regular duties. Whether or not the claimant had a lifting restriction is disputed. The claimant was terminated for cause on September 6, 2000. Although there were some releases to return to work in evidence it was equally clear that the claimant continued to receive medical treatment including three rounds of trigger point injections. The claimant did work two weeks in December 2000 at what the hearing officer assumed was her preinjury wage. The claimant also was in full time work hardening for two months from mid-March and to May 18, 2001, when the hearing officer determined the claimant’s disability ended.
The hearing officer summarizes the evidence in some detail and correctly analyzes the law on disability. We have reviewed the complained of determinations and conclude that the hearing officer’s decision is not incorrect and is supported by the evidence. We further conclude that the hearing officer’s factual 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).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is TRINITY UNIVERSAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
DONALD GENE SOUTHWELL
10000 N. CENTRAL EXPRESSWAY
DALLAS, TX 75265.
Thomas A. Knapp
CONCUR:
Gary L. Kilgore – Appeals Judge
Robert W. Potts – Appeals Judge