Title: 

APD 002781

Significant Decision

Date: 

January 9, 2001

Issues: 

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

Table of Contents

APD 002781

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On November 7, 2000, a hearing was held. The hearing officer decided that the appellant (claimant) did not sustain an injury in the course and scope of her employment on _____________; did not give notice of the alleged injury to her employer within 30 days of the date of the alleged injury; and did not have disability resulting from a compensable injury of _____________. The claimant appealed, asserting that the hearing officer erred and that the evidence supported a finding in her favor, and requesting that we reverse and render a new decision in her favor on the appealed issues. The respondent (carrier) responded that the hearing officer’s decision is supported by the evidence.

DECISION

Affirmed.

There was conflicting evidence presented at the hearing on the issues. The hearing officer’s determinations on the issues were 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 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

Kenneth A. Huchton – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Susan M. Kelley – Appeals Judge