Title: 

APD 013034

Significant Decision

Date: 

January 24, 2002

Issues: 

Unavailable

Table of Contents

APD 013034

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 November 12, 2001. The appellant (carrier) appeals the hearing officer’s determination that the respondent (claimant) had disability, as a result of the compensable injury, from ____________, through the date of the hearing. There is no response from the claimant to the carrier’s appeal contained in our file.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant had disability from ____________, through the date of the hearing. Disability is a question of fact to be determined by the hearing officer. Texas Workers’ Compensation Commission Appeal No. 000303, decided March 29, 2000. In view of the claimant’s testimony and the medical evidence, we cannot conclude that the hearing officer’s disability determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. As such, no sound basis exists for us to reverse the challenged determination on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Elaine M. Chaney – Appeals Judge

CONCUR:

Robert W. Potts – Appeals Judge

Terri Kay Oliver – Appeals Judge