Title: 

APD 020098

Significant Decision

Date: 

February 15, 2002

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 020098

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 December 10, 2001. The hearing officer determined that appellant (claimant) did not sustain a compensable injury in the course and scope of employment and that he did not have disability. Claimant appealed these determinations on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order. An issue regarding carrier waiver was withdrawn by the parties.

DECISION

We affirm.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer could determine from the evidence that claimant was not in the course and scope of his employment at the time of the motor vehicle accident because he was driving home and was not furthering his employer’s business. Texas Workers’ Compensation Commission Appeal No. 990949, decided June 17, 1999. We conclude that the hearing officer’s determinations regarding course and scope and disability 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).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

MR. RUSSELL R. OLIVER, PRESIDENT

221 WEST 6TH STREET

AUSTIN, TEXAS 78701.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Robert W. Potts – Appeals Judge