Title: 

APD 021848

Significant Decision

Date: 

September 3, 2002

Issues: 

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

Table of Contents

APD 021848

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on June 14, 2002, with the record closing on June 21, 2002. The hearing officer determined that the appellant (claimant) had not, by a preponderance of the evidence, proven that she sustained damage or harm to her body in the form of repetitive trauma, had not given timely notice of injury to her employer and was without good cause for such failure, and did not have disability. The claimant has appealed all determinations against her; the respondent (self-insured) seeks affirmance of the decision.

DECISION

We affirm the hearing officer’s decision.

We have reviewed all the complained-of determinations and find sufficient support in the record for the findings and conclusions of the hearing officer. We cannot agree that the decision is so against the great weight and preponderance of the evidence so as to be manifestly unfair or unjust. Atlantic Mutual Insurance Company v. Middleman, 661 S.W.2d 182 (Tex. App.-San Antonio 1983, writ ref’d n.r.e.). Accordingly, we affirm the decision and order.

The true corporate name of the insurance carrier is STATE OFFICE OF RISK MANAGEMENT (a self-insured governmental entity) and the name and address of its registered agent for service of process is

For service in person the address is:

RON JOSSELET, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

300 W. 15TH STREET

WILLIAM P. CLEMENTS, JR. STATE OFFICE BUILDING, 6TH FLOOR

AUSTIN, TEXAS 78701.

For service by mail the address is:

RON JOSSELET, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

P.O. BOX 13777

AUSTIN, TEXAS 78711-3777.

Susan M. Kelley – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Robert E. Lang – Appeals Panel Manager/Judge