Title: 

APD 032129

Significant Decision

Date: 

October 1, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 032129

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 July 14, 2003. The hearing officer determined that the ______________, injury of respondent (claimant) extends to a herniated disc at C5-6, and that claimant had disability from September 23, 2002, through the date of the hearing. Appellant (carrier) appealed these determinations on sufficiency grounds. 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’s determination regarding extent of injury is supported by the records of Dr. S. The disability determination is supported by the records, Dr. S, and claimant’s testimony. The fact that claimant sought unemployment benefits and attempted to find a job do not establish that he does not have disability and were merely factors for the hearing officer to consider in making his determinations. 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 TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

MR. RUSSELL R. OLIVER, PRESIDENT

221 WEST 6TH STREET

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Robert W. Potts – Appeals Judge

Margaret L. Turner – Appeals Judge