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 November 9, 2000. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury; that the claimant did not have disability; and that the respondent (carrier) had not waived the right to dispute compensability. The claimant has appealed this decision. The carrier responds, urging affirmance.
DECISION
The hearing officer’s decision is affirmed.
Appealed Issue 1 and Decision
The hearing officer did not err in deciding that the claimant did not sustain an injury and the claim is not compensable.
Rationale: There was conflicting evidence whether the claimant sustained an injury when she was knocked to the ground by a large dog while working at a kennel. The hearing officer weighed the credibility and inconsistencies in the evidence and the hearing officer’s determination on the issue is not against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
Appealed Issue 2 and Decision
The hearing officer did not err in deciding that the claimant did not have disability.
Rationale: The claimant did not have disability because there was no compensable injury.
Appealed Issue 3 and Decision
The hearing officer did not err in deciding that the carrier did not waive the right to contest the compensability of this claim.
Rationale: Where there is no injury to the claimant, a carrier does not waive the right to contest compensability of the claim for failing to contest compensability of the claim within 60 days of receiving written notice. Continental Casualty Company v. Williamson, 971 S.W.2d 108, 110 (Tex. App.-Tyler 1998, no writ.)
Susan M. Kelley – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge