Title: 

APD 040304

Significant Decision

Date: 

April 5, 2004

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 040304

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 January 12, 2004. The hearing officer determined that the ______________, compensable injury of appellant/cross-respondent (claimant) extends to and includes lumbar disc bulges, the cervical area, and the left hip, and that claimant had disability from February 21 through June 23, 2003. Claimant appealed the disability determination, contending he had disability for a longer period. The file does not contain a response from respondent/cross-appellant (carrier). Carrier also appealed the disability determination, contending that the evidence showed claimant did not have disability beyond a three-month period. The file does not contain a response from claimant.

DECISION

We affirm.

Both parties appealed the hearing officer’s disability determination. Claimant testified regarding the effects of his injury and said that he has not worked since ______________, because he is not able to work. Dr. A stated that claimant had “a temporary disability” but “not to exceed three months.” On June 23, 2003, Dr. A indicated that claimant would need continued treatment for pain. We have reviewed the complained-of determination and conclude that the issue involved a fact question for the hearing officer. The hearing officer could find disability based on claimant’s testimony alone. The hearing officer reviewed the medical reports and claimant’s testimony and determined the period of disability supported by the credible evidence. We conclude that the hearing officer’s determination is supported by the record and is 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 TRINITY UNIVERSAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

RONALD I. HENRY

10000 NORTH CENTRAL EXPRESSWAY

DALLAS, TEXAS 75231.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Margaret L. Turner – Appeals Judge