Title: 

APD 002389

Significant Decision

Date: 

November 21, 2000

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 002389

Following a contested case hearing held on September 11, 2000, pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act), the hearing officer resolved the disputed issue by determining that the respondent (claimant) had sustained a compensable injury on ____________, and had disability resulting from that injury from April 5, 2000, through July 13, 2000. The appellant (self-insured) appealed, asserting that the hearing officer’s determinations were against the great weight and preponderance of the evidence and requesting that the decision and order be reversed and a new decision rendered in its favor. The claimant responded that the hearing officer’s determinations were supported by the evidence and the decision and order should be affirmed.

DECISION

Affirmed.

Conflicting evidence was presented at the hearing. The hearing officer’s findings of fact are not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. The hearing officer’s conclusions of law are consistent with the application of the 1989 Act to the facts as determined by the hearing officer.

The decision and order of the hearing officer are affirmed.

Kenneth A. Huchton – Appeals Judge

CONCUR:

Robert E. Lang

Appeals Panel

Manager/Judge

CONCUR IN THE RESULT:

Robert W. Potts – Appeals Judge