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APD 010127
March 5, 2001

APD 010127

March 5, 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 was held on November 29, 2000. The hearing officer determined that respondent (claimant) sustained a compensable occupational disease right shoulder injury; that the date of injury is _________; and that she had disability from May 2, 2000, through the date of the hearing. Appellant (carrier) appealed the determinations regarding injury and disability on sufficiency grounds. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.


We affirm.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determinations are 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).

We affirm the hearing officer’s decision and order.

Judy L. S. Barnes


Elaine M. Chaney
Appeals Judge

Thomas A. Knapp
Appeals Judge