Title: 

APD 013110

Significant Decision

Date: 

February 12, 2002

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 013110

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 28, 2001. The hearing officer resolved the issues before her by determining that the ____________, compensable injury of appellant (claimant) does not extend to and include a left shoulder or thoracic injury and that he did not have disability as a result of the compensable injury. Claimant appealed on sufficiency grounds. There is no response from respondent (carrier) contained in the file.

DECISION

We affirm.

Claimant contends that the hearing officer erred in determining that his ____________, compensable injury does not include left shoulder or thoracic injury. Whether a compensable injury includes other parts of a claimant’s body is a factual matter for the hearing officer to determine. We have reviewed the complained-of determinations regarding scope of injury and disability 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 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:

Susan M. Kelley – Appeals Judge

Edward Vilano – Appeals Judge