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 January 22, 2003. The hearing officer resolved the disputed issues by determining that the claimant sustained a compensable repetitive trauma injury; that the date of the injury was ___________; that the claimant timely notified her employer of the injury; and that the claimant had disability from August 12, 2002, through the date of the hearing. The appellant (carrier) appeals the date-of-injury determination and its resulting effect on the remaining determinations. The appeal file contains no response from the claimant.
DECISION
Affirmed.
Section 401.011(34) defines occupational disease as including repetitive trauma injuries. The date of injury for an occupational disease is the date the employee knew or should have known that the disease may be related to the employment (Section 408.007) and this determination is generally a question of fact for the hearing officer to resolve. It was the hearing officer’s prerogative to believe all, part, or none of the testimony of any witness, including that of the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). The hearing officer’s determinations that the date of injury was ___________, and that the claimant timely reported the injury to her employer are supported by the evidence. The hearing officer found for the claimant on the disputed issues and such findings 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).
The hearing officer’s decision and order is affirmed.
The true corporate name of the insurance carrier is LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Chris Cowan
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge