Title: 

APD 020300

Significant Decision

Date: 

March 18, 2002

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration, Timely Contest by Carrier, Timely Reporting to Employer

Table of Contents

APD 020300

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 January 7, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable repetitive trauma injury to her right wrist; that the date of injury for the claimed repetitive trauma injury is ____________; that respondent 2 (carrier 2) did not waive the right to contest compensability of the claimed injury; that the right shoulder and cervical spine, which the claimant asserted should be included in the compensable injury, are not included because there is no compensable injury; that respondent 1 (carrier1) is not relieved of liability because of the claimant’s failure to timely notify the employer of an injury; and that the claimant did not have disability. On appeal, the claimant contends the compensability, extent-of-injury, and disability determinations are against the great weight and preponderance of the evidence. Carrier 1 urges affirmance. The appeal file contains no response from carrier 2.

DECISION

Affirmed.

We have reviewed the matters complained of by the claimant on appeal and conclude that they 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).

The decision and order of the hearing are affirmed.

The true corporate name of carrier 1 is AMERICAN PROTECTION INSURANCE COMPANY and the name and address of its registered agent for service of process is

C. T. CORPORATION SYSTEMS

800 BRAZOS

AUSTIN, TEXAS 78701.

The true corporate name of carrier 2 is ST. PAUL FIRE & MARINE INSURANCE COMPANY and the name and address of its registered agent for service of process is

MIKE MORENO

225 E. JOHN CARPENTER FREEWAY, SUITE 1100

IRVING, TEXAS 75062-2782.

Chris Cowan – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Philip F. O’Neill – Appeals Judge