This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on April 10, 2001. The hearing officer resolved the disputed issues of injury and disability by deciding:
1.The respondent (claimant herein) sustained a compensable injury on __________.
2.The claimant had disability from __________, to May 10, 2000, with the exception of May 6, 2000.
The appellant (self-insured herein) appealed, contending that the hearing officer’s findings that the claimant sustained a compensable injury and had disability were contrary to the evidence. The claimant responds that there is sufficient evidence in the record to support the hearing officer’s findings.
DECISION
Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.
There was conflicting evidence presented at the CCH on the issue of injury. The claimant testified that she suffered a compensable injury in the form of an occupational disease when she was exposed to molds at her place of work, causing an allergic reaction. The claimant presented medical evidence supporting her contention of injury. The question under our standard of review was whether the hearing officer’s determinations were 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). Applying this standard, we find sufficient evidence to support the hearing officer’s finding’s that the claimant sustained a compensable injury on __________, and that she had disability for the period found.
The decision and order of the hearing officer are affirmed.
Gary L. Kilgore – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Robert W. Potts
Appeals Panel