Title: 

APD 040933

Significant Decision

Date: 

June 7, 2004

Issues: 

Amount of Post-Injury Earnings, Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Reporting to Employer

Table of Contents

APD 040933

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 appellant (claimant) did not sustain a compensable injury; that she did not have disability; that she did not timely report the claimed injury; and that the salary continuation received by claimant is considered post-injury earnings. Claimant appealed these determinations on sufficiency grounds and also contends that the hearing officer misapplied the law to the facts of the case. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officers decision and order.

DECISION

We affirm.

We have reviewed the complained-of determinations and conclude that the issues regarding injury, disability, and timely notice 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).

Given our affirmance of the complained-of determinations, we need not address the determinations regarding post-injury earnings.

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is NETHERLANDS INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

CONCUR:

Veronica L. Ruberto – Appeals Judge

Edward Vilano – Appeals Judge