Title: 

APD 040829

Significant Decision

Date: 

June 1, 2004

Issues: 

Compensability-Occupationl Inj

Table of Contents

APD 040829

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 24, 2004. The hearing officer determined that the respondent (claimant) sustained a compensable injury in the form of an occupational disease, with a date of injury of _______________. The appellant (carrier) appealed on sufficiency of the evidence grounds. The claimant responded, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determination and conclude that the compensability 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.

The true corporate name of the insurance carrier is WARD NORTH AMERICAN and the name and address of its registered agent for service of process is

SHIRLEY ACY

1500 MARILLA, 5D SOUTH

DALLAS, TEXAS 75201.

Daniel R. Barry – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Veronica L. Ruberto – Appeals Judge