Title: 

APD 012906

Significant Decision

Date: 

January 5, 2002

Issues: 

Unavailable

Table of Contents

APD 012906

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 October 4, 2001, with the record closing on October 18, 2001. She determined that the appellant (claimant) did not sustain a compensable injury in the form of an occupational disease; that the respondent (carrier) is relieved from liability because the claimant failed to timely notify her employer of the claimed injury; and that the claimant did not have disability. The claimant contends on appeal that these determinations are against the great weight and preponderance of the evidence. The carrier urges affirmance.

DECISION

Affirmed.

The claimant appeals the hearing officer’s injury, disability, and notice determinations on sufficiency grounds. The matters complained of by the claimant concern credibility and fact issues, which were for the hearing officer to resolve. 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).

The decision and order of the hearing officer are affirmed.

The true corporate name of the carrier is INDEMNITY INSURANCE COMPANY OF NORTH AMERICA and the name and address of its registered agent for service of process is

MARCUS CHARLES MERRITT

6600 CAMPUS CIRCLE DR. EAST, SUITE 200

IRVING, TEXAS 75063.

Chris Cowan

CONCUR:

Robert E. Lang

Appeals Panel

Manager/Judge

Thomas A. Knapp – Appeals Judge