Title: 

APD 010862

Significant Decision

Date: 

June 6, 2001

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Reporting to Employer

Table of Contents

APD 010862

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 April 3, 2001. The hearing officer determined that respondent (claimant) sustained a compensable injury on __________; that claimant had disability from January 31, 2001; through the date of the hearing, and that the claimant timely reported the injury. Appellant (carrier) appealed these determinations on sufficiency grounds. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

Carrier appeals the hearing officer’s determinations on sufficiency grounds. The matters carrier complained of concern 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). Regarding whether claimant was in the course and scope of his employment at the time of the injury, the hearing officer’s determination in this regard is supported by claimant’s testimony. See Texas Workers’ Compensation Commission Appeal No. 001821, decided September 18, 2000. Regarding the ending date of disability, we note that claimant was released to light duty only, and had not yet returned to work for (employer A). We perceive no error. See Texas Workers’ Compensation Commission Appeal No. 981568, decided August 26, 1998.

We affirm the hearing officer’s decision and order.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Robert W. Potts – Appeals Judge