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 25, 2001. The hearing officer determined that appellant (claimant) suffered an injury in the course and scope of his employment; that respondent (carrier) is not liable for compensation because claimant was in a state of intoxication; and that claimant did not have disability. Claimant appealed these determinations on sufficiency grounds. The file does not contain a response from carrier.
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. The hearing officer could find from the drug-screen report that claimant tested positive for over the stated cutoff limit of 20 ng/ml and that the burden then shifted to claimant to prove that he was not intoxicated. Texas Workers’ Compensation Commission Appeal No. 991476, decided August 24, 1999 (Unpublished). The hearing officer could also find that claimant did not meet his burden to prove that he was not intoxicated. Because carrier is not liable due to claimant’s intoxication, there can be no disability. 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 provided by carrier, the true corporate name of the insurance carrier is AMERICAN CASUALTY COMPANY OF READING, PA and the name and address of its registered agent for service of process is
C. T. CORPORATION SYSTEMS
350 N. ST. PAUL STREET
DALLAS, TEXAS 75201.
Judy L. S. Barnes – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge