Title: 

APD 010377

Significant Decision

Date: 

March 30, 2001

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 010377

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 January 29, 2001. The hearing officer determined that appellant (claimant) sustained a compensable knee injury on ________ and that he had disability from February 24, 2000, through April 18, 2000, but that he did not have disability from August 24, 2000, to the date of the hearing. Claimant appealed only the determination that he did not have disability from August 24, 2000, to the date of the hearing. Respondent (carrier) responds that the Appeals Panel should affirm the decision and order.

DECISION

We affirm.

Regarding the complained-of determination about disability, this matter involved a fact issue, which the hearing officer resolved. We conclude that the hearing officer’s disability determination 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).

We affirm the hearing officer’s decision and order.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Robert W. Potts – Appeals Judge