Title: 

APD 013066

Significant Decision

Date: 

January 29, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 013066

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 November 27, 2001. The hearing officer determined that respondent (claimant) sustained a compensable injury and that he had disability from January 25, 2001, through the date of the hearing. Appellant (carrier) appealed these determinations on sufficiency grounds. Carrier also contends that the hearing officer erred in finding a date of injury of _______________. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm as reformed.

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. 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 note that in his report the hearing officer sometimes referred to the injury date as _______________, _______________, and _______________. This appears to be a typographical error. We reform the decision and order to give the date _______________, as the injury date, where applicable.

As reformed, we affirm the hearing officer’s decision and order.

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

MR. RUSSELL R. OLIVER

221 WEST 6TH STREET

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Robert W. Potts – Appeals Judge

Edward Vilano – Appeals Judge