Title: 

APD 040846

Significant Decision

Date: 

May 25, 2004

Issues: 

Contribution-Prior Comp Injury

Table of Contents

APD 040846

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 23, 2004. The hearing officer determined that there should be zero reduction of the impairment income benefits and supplemental income benefits of respondent (claimant herein) based on contribution from earlier compensable injuries. Appellant self-insured (carrier herein) contends the hearing officer erred in determining that carrier is not entitled to contribution. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer could determine that carrier did not meet its burden to prove that it was entitled to contribution in this case. 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.

According to information provided by carrier, the true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

EXECUTIVE DIRECTOR

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Judy L. S. Barnes

CONCUR:

Elaine M. Chaney – Appeals Judge

Veronica L. Ruberto – Appeals Judge