Title: 

APD 020861

Significant Decision

Date: 

May 16, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 020861

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on March 20, 2002. The appellant (carrier) appeals the hearing officer’s determinations that the respondent (claimant) sustained a compensable injury on ___________, and that the claimant had disability from ___________, through the date of the CCH, contending the determinations are against the great weight and preponderance of the evidence. The claimant responds, urging affirmance.

DECISION

Affirmed.

It is undisputed that the claimant had two previous back surgeries unrelated to the ___________, injury. However, it is axiomatic, in case law having to do with aggravation, that the employer accepts the employee as he is when he enters employment. Gill v. Transamerica Insurance Company, 417 S.W.2d 720, 723 (Tex. Civ. App.-Dallas 1967, no writ). A predisposing bodily infirmity will not preclude compensation. Sowell v. Travelers Insurance Company, 374 S.W.2d 412 (Tex. 1963).

After review of the record before us and the complained-of determinations, we have concluded that there is sufficient support for the hearing officer’s decision. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is SECURITY INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATE SERVICES COMPANY

800 BRAZOS STREET

AUSTIN, TEXAS 78701.

Roy L. Warren – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Thomas A. Knapp – Appeals Judge