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 25, 2001. On the sole issue, the hearing officer found that the respondent (claimant) had disability from ______________, through the date of the hearing. The appellant (self-insured) appeals the determination on sufficiency grounds, asserting that the claimant could work light duty after ______________, and that such work would have been available to the claimant if he had not been terminated for cause. The claimant urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant had disability from ______________, through the date of the hearing. We have said that the compensable injury need not be the sole cause of an inability to obtain or retain employment; that the focus of the inquiry is on the claimant’s inability to obtain and retain employment at the preinjury wage; and the fact that a termination was for cause does not, in itself, foreclose the existence of disability. Texas Workers’ Compensation Commission Appeal No. 990655, decided May 13, 1999 (Unpublished). In view of the claimant’s testimony and supporting medical evidence of a restricted release to work, we cannot conclude that the hearing officer’s determination is 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 self-insured is __________, self-insured through the TEXAS ASSOCIATION OF COUNTIES WORKERS’ COMPENSATION SELF-INSURANCE FUND and the name and address of its registered agent for service of process is
SAM SEALE, EXECUTIVE DIRECTOR
TEXAS ASSOCIATION OF COUNTIES
1204 SAN ANTONIO
AUSTIN, TEXAS 78701.
Edward Vilano – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Susan M. Kelley – Appeals Judge