Title: 

APD 022531

Significant Decision

Date: 

November 20, 2002

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 022531

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 September 12, 2002. The hearing officer determined that the automobile accident of _____________, did not cause a new injury or aggravation of the prior injury to the right knee and that appellant (claimant) had disability from November 19, 1999, through November 10, 2000. The hearing officer also determined that, “[t]he compensable injury extends to the right knee after _____________.” Claimant appealed these determinations. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We note that claimant prevailed regarding the issue of intervening injury. 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).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is TRANSCONTINENTAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Susan M. Kelley – Appeals Judge