Title: 

APD 021280

Significant Decision

Date: 

June 28, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021280

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 March 21, 2002, but reset and held on April 23, 2002. The hearing officer decided that the appellant’s (claimant) compensable knee injury sustained on ________________, does not extend to and include a medial meniscus tear of the posterior horn of the right knee. The claimant appealed and the respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant’s ________________, compensable knee injury does not extend to and include a medial meniscus tear of the posterior horn of the right knee. Conflicting evidence was presented as to the extent of the claimant’s ________________, compensable injury. The issue presented a question of fact for the hearing officer to resolve. We find this determination to be supported by sufficient evidence and not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986).

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Daniel R. Barry – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Susan M. Kelley – Appeals Judge