Title: 

APD 040519

Significant Decision

Date: 

April 20, 2004

Issues: 

Date of Injury, Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 040519

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 February 9, 2004. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury; the date of the claimed injury is ________________; and that the claimant did not have disability. The claimant appealed, arguing that the hearing officer’s injury and disability determinations are against the great weight and preponderance of the evidence. The respondent (carrier) responded, urging affirmance. The determination that the date of injury is ________________, has not been appealed and has become final. Section 410.169.

DECISION

Affirmed.

We have reviewed the complained-of determinations and conclude that the injury and disability 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.

The true corporate name of the insurance carrier is FARMERS INSURANCE EXCHANGE and the name and address of its registered agent for service of process is

GERARD GALVAN

100 FARMERS CIRCLE

ROUND ROCK, TEXAS 78728.

Veronica L. Ruberto

CONCUR:

Judy L. S. Barnes – Appeals Judge

Robert W. Potts – Appeals Judge