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At a Glance:
Title:
APD 010075
Date:
February 9, 2001

APD 010075

February 9, 2001

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 December 14, 2000. The hearing officer resolved the disputed issue of extent of injury by deciding:

The appellant's (claimant) compensable injury sustained on _________, does not include either an injury to the claimant's low back or an umbilical hernia.

The claimant appealed, arguing that this determination was contrary to the evidence, and the respondent (carrier) replied that the hearing officer's decision was supported by the evidence.

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 issue. The hearing officer's determination on the issue 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).

The decision and order of the hearing officer are affirmed.

Gary L. Kilgore
Appeals Judge

CONCUR:

Elaine M. Chaney
Appeals Judge

Robert W. Potts
Appeals Judge

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