Title: 

APD 022415

Significant Decision

Date: 

November 7, 2002

Issues: 

Compensability-Occupationl Inj, Date of Injury, Disabilty/Existence-Duration, Timely Reporting to Employer

Table of Contents

APD 022415

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 August 27, 2002. The hearing officer determined that appellant (claimant) sustained a repetitive trauma injury at work; that the date of injury was ______________; that claimant did not timely report her injury; and that claimant did not have disability. Claimant appealed the adverse determinations regarding date of injury and timely notice on sufficiency grounds. Respondent (carrier) responds that the appeals panel should affirm the 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 supported by the record and 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 admission of Carrier’s Exhibit No. 7, the hearing officer found good cause for late exchange. We do not find the hearing officer’s ruling to be an abuse of discretion, nor can we say that the hearing officer acted without reference to guiding rules and principles. Morrow v. H.E.B., Inc., 714 S.W.2d 297 (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 TWIN CITY FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is

BOB TALLEY

450 GEARS ROAD, SUITE 400

HOUSTON, TEXAS 77067.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Veronica L. Ruberto – Appeals Judge

Robert W. Potts – Appeals Judge