Title: 

APD 031319

Significant Decision

Date: 

July 14, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Contest by Carrier, Timely Reporting to Employer

Table of Contents

APD 031319

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 13, 2003. The hearing officer determined that respondent (claimant) sustained a compensable injury, that he had disability from March 20, 2002, through the date of the hearing, that claimant gave timely notice of injury, and that appellant (carrier) waived the right to contest the compensability of the claim. Carrier appealed only the adverse disability determination. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determination regarding disability 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 ATLANTIC MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

NICHOLAS PETERS

12801 NORTH CENTRAL EXPRESSWAY, STE 100

DALLAS, TEXAS 75243-1731.

Judy L. S. Barnes

CONCUR:

Chris Cowan – Appeals Judge

Veronica L. Ruberto – Appeals Judge