Title: 

APD 010588

Significant Decision

Date: 

April 26, 2001

Issues: 

Extent of Injury

Table of Contents

APD 010588

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 March 6, 2001. The hearing officer determined that the compensable injury of appellant (claimant) did not include the claimed shoulder condition. Claimant appealed this determination on sufficiency grounds. There was no response in the file from the respondent (carrier).

DECISION

We affirm.

We have reviewed the complained-of determination and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s 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