Title: 

APD 040779

Significant Decision

Date: 

May 25, 2004

Issues: 

Extent of Injury

Table of Contents

APD 040779

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 March 2, 2004. The hearing officer determined that the ______________, compensable injury of appellant (claimant) does not extend to depressive disorder, NOS secondary to chronic pain, adjustment disorder, and/or schizoaffective disorder, bipolar type. The hearing officer also determined that claimant suffers anxiety as a result of the ______________, injury. Claimant appealed the adverse determination regarding extent of injury on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determination and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. 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 TEXAS PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION for Paula Insurance Company, an impaired carrier and the name and address of its registered agent for service of process is

MARVIN KELLY, EXECUTIVE DIRECTOR

9120 BURNET ROAD

AUSTIN, TEXAS 78758.

Judy L. S. Barnes

CONCUR:

Robert W. Potts – Appeals Judge

Veronica L. Ruberto – Appeals Judge