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 October 23, 2001. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury in the form of an occupational disease on __________, and did not have disability. The claimant appealed the determinations on sufficiency grounds, contending that the medical reports did establish a link between the claimant’s exposure and his symptoms. No response was filed.
DECISION
Affirmed.
COMPENSABLE INJURY
The claimant asserts that he sustained an injury as the result of an exposure to hazardous materials while in the course and scope of his employment. The claimant had the burden to prove a causal connection between his employment and the claimed injury. Texas Workers’ Compensation Commission Appeal No. 94309, decided April 29, 1994. Where the matter of causation of the claimed injury is beyond common knowledge or experience, expert evidence to a reasonable degree of medical probability is required. Schaefer v. Texas Employer’s Insurance Association, 612 S.W.2d 199 (Tex. 1980).The claimant did not identify the substance to which he claims to have been exposed, and the medical evidence fails to establish a causal connection between the alleged exposure and the claimant’s condition. Accordingly, we cannot conclude that the hearing officer’s determination that the claimant did not sustain an occupational disease injury is 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 (Tex. 1986).
DISABILITY
The hearing officer did not err in determining that the claimant did not have disability. The 1989 Act requires the existence of a compensable injury as a prerequisite to a finding of disability. Section 401.011(16). Because the claimant did not sustain a compensable injury, the hearing officer properly concluded that the claimant did not have disability.
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is STATE OFFICE OF RISK MANAGEMENT (a self-insured governmental entity) and the name and address of its registered agent for service of process is
For service in person the address is:
RON JOSSELET, EXECUTIVE DIRECTOR
STATE OFFICE OF RISK MANAGEMENT
300 W. 15TH STREET
WILLIAM P. CLEMENTS, JR. STATE OFFICE BUILDING, 6TH FLOOR
AUSTIN, TEXAS 78701.
For service by mail the address is:
RON JOSSELET, EXECUTIVE DIRECTOR
THE STATE OFFICE OF RISK MANAGEMENT
P.O. BOX 13777
AUSTIN, TEXAS 78711-3777.
Thomas A. Knapp – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Gary L. Kilgore – Appeals Judge