Title: 

APD 022954

Significant Decision

Date: 

December 12, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 022954

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 October 23, 2002. The hearing officer determined that the appellant’s (claimant) date of injury was ____________; that the claimant timely reported her alleged injury to her supervisor on ____________; that the claimant timely filed her claim on June 14, 2001; that the claimant did not sustain a compensable occupational disease injury on ____________, or on any other date; and that the claimant does not have disability as a result of the claimed injury. The claimant appeals the injury and disability determinations. The respondent (carrier) replies, urging affirmance. The determinations of date of injury, timely notice to the employer, and timely filing of the claim have not been appealed and have become final. Section 410.169.

DECISION

Affirmed.

The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer reviewed the record and resolved what facts were established. We conclude that the hearing officer’s determinations are sufficiently 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.

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

PRENTICE-HALL CORPORATION SYSTEM, INC.

800 BRAZOS

AUSTIN, TEXAS 78701.

Michael B. McShane

Appeals Panel

Manager/Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Susan M. Kelley – Appeals Judge