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APD 010179
March 15, 2001

APD 010179

March 15, 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 December 12, 2000. The hearing officer determined that: (1) respondent (claimant) sustained a compensable injury; (2) the injury was not caused by any wilful intent or attempt by claimant to injure herself; (3) claimant had disability from December 10, 1999, to December 30, 1999; and (4) claimant’s average weekly wage (AWW) is $280.00. Appellant (carrier) appealed the determinations regarding injury and disability on sufficiency grounds. The determinations regarding AWW and wilful intent were not appealed. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.


We affirm.

Carrier appeals the injury and disability determinations on sufficiency grounds. The matters carrier complained of in its brief all concern credibility and fact issues, which were for the hearing officer to consider. We have reviewed the complained-of determinations and we conclude that they 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
Appeals Judge


Robert E. Lang
Appeals Panel Manager/Judge

Robert W. Potts
Appeals Judge