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 July 16, 2001. She determined that respondent (claimant) sustained a compensable injury to his low back on ______________, and had disability beginning on February 9, 2001, through the date of the hearing. Appellant (carrier) appealed, contending that claimant did not sustain a new injury on ______________, but, rather, was experiencing continuing problems related to a prior injury that occurred on January 31, 2000. Carrier also appealed the disability determination. Claimant responded, urging affirmance. This case was remanded for the sole purpose of obtaining the street address for the carrier’s registered agent in compliance with House Bill 2600, which amended Section 410.164, effective June 17, 2001. See Texas Workers’ Compensation Commission Appeal No. 011955, decided October 2, 2001. After remand, carrier filed the registered agent information and the hearing officer issued essentially the same decision on remand. Carrier again appealed, citing the same grounds. The file does not contain a response from claimant.
DECISION
We affirm.
We have reviewed the complained-of determinations regarding injury and disability and conclude that the issues involved fact questions for the hearing officer. Whether there was a new injury or a continuation of a prior injury was a question of fact for the hearing officer to decide. Texas Workers’ Compensation Commission Appeal No. 962183, decided December 16, 1996. From claimant’s testimony that he was working full duty as of ______________, and the reports of Dr. S, the hearing officer could and did conclude that claimant sustained a new injury on that date. 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 provided by carrier, the true corporate name of the insurance carrier is ZURICH NORTH AMERICA and the name and address of its registered agent for service of process is
GARY SUDOL
ZURICH NORTH AMERICA
9330 LBJ FREEWAY, SUITE 1200
DALLAS, TEXAS 75243.
Judy L. S. Barnes
CONCUR:
Elaine M. Chaney – Appeals Judge
Michael B. McShane – Appeals Judge