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APD 010535
April 26, 2001

APD 010535

April 26, 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 13, 2000, and February 5, 2001. The hearing officer determined that: (1) the appellant/cross-respondent (claimant) did not sustain a compensable injury on __________; (2) the claimant did not have disability; and (3) the respondent/cross-appellant (carrier) is not relieved of liability pursuant to Section 409.002 because the claimant had good cause for failing to timely notify his employer of the alleged injury. The claimant appealed the determinations regarding injury and disability on sufficiency grounds. The carrier filed a cross-appeal to the hearing officer’s good cause determination, asserting that there is no evidence to support the determination.


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 (Tex. 1986).

We affirm the hearing officer’s decision and order.

Michael B. McShane
Appeals Judge


Elaine M. Chaney
Appeals Judge

Robert E. Lang

Appeals Panel