This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on November 3, 2000, with the record closing on November 15, 2000. The hearing officer resolved the disputed issues of injury and disability by deciding:
1.The respondent (claimant) sustained a compensable injury on __________; and
2.The claimant had disability from February 11, 2000, continuing through the CCH.
The appellant (carrier) appealed and the claimant requested that the Appeals Panel affirm the decision of the hearing officer.
DECISION
Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.
There was conflicting evidence presented at the CCH on the disputed issues. The hearing officer’s determinations on the issues 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).
On appeal, the carrier also argues that the hearing officer erred in denying its request for continuance. The carrier requested the continuance to allow it to obtain additional evidence. The hearing officer held the record open and issued a subpoena to assist the carrier to obtain this evidence. Under these circumstances, we find no abuse of discretion in the hearing officer’s denial of the carrier’s motion for continuance.
The decision and order of the hearing officer are affirmed.
Gary L. Kilgore – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert W. Potts – Appeals Judge