Title: 

APD 021538

Significant Decision

Date: 

August 5, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 021538

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 May 22, 2002. The hearing officer determined that appellant (claimant) did not sustain a compensable injury and that he did not have disability. Claimant appealed these determinations on sufficiency grounds. Claimant also contends that the hearing officer abused her discretion in excluding an exhibit. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

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). Regarding the exclusion of the exhibit that the hearing officer found claimant did not timely exchange without good cause, we perceive no reversible error. Texas Workers’ Compensation Commission Appeal No. 002138, decided October 26, 2000.

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 AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is

GEORGE MICHAEL JONES

9330 LBJ FREEWAY, SUITE 1200

DALLAS, TEXAS 75243.

Judy L. S. Barnes

CONCUR:

Susan M. Kelley – Appeals Judge

Gary L. Kilgore – Appeals Judge