Title: 

APD 013035

Significant Decision

Date: 

January 23, 2002

Issues: 

Unavailable

Table of Contents

APD 013035

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 27, 2001. He determined that the appellant’s (claimant) compensable left shoulder and left elbow injury sustained by the appellant (claimant) on ____________, does not extend to and include injury to the cervical and lumbar spine areas. On appeal, claimant expressed disagreement with the hearing officer’s decision. The respondent (carrier) responded, urging affirmance. This case was remanded for the sole purpose of obtaining the street address for 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. 012084, decided October 8, 2001. After remand, carrier filed the registered agent information and the hearing officer issued the same decision on remand. Claimant again appealed, citing the same grounds. Carrier again responded, urging that the Appeals Panel affirm the hearing officer’s decision.

DECISION

We affirm.

At issue in this case is whether the hearing officer erred in determining that the compensable injury sustained by the claimant on ____________, does not extend to the cervical and lumbar spine areas. 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).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is TRANSPORTATION INSURANCE COMPANY and the name and address of its registered agent for service of process is

C. T. CORPORATION

350 N. ST. PAUL STREET

DALLAS, TEXAS 75201.

Judy L. S. Barnes

CONCUR:

Susan M. Kelley – Appeals Judge

Thomas A. Knapp – Appeals Judge