Title: 

APD 020493

Significant Decision

Date: 

April 16, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Reporting to Employer

Table of Contents

APD 020493

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 February 7, 2002. The hearing officer determined that the respondent (claimant) sustained a compensable injury on ___________; that the claimant had disability from August 29, 2001, through the date of the hearing; and that the claimant timely notified the employer of the injury and, therefore, the appellant (carrier) is not relieved from liability under Section 409.002. On appeal, the carrier contends that these determinations are against the great weight of the credible evidence. The claimant urges affirmance.

DECISION

Affirmed.

We have reviewed the matters complained of by the carrier on appeal and conclude that the hearing officer’s decision is 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 AMERICAN PROTECTION INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Chris Cowan – Appeals Judge

CONCUR:

Michael B. McShane – Appeals Judge

Philip F. O’Neill – Appeals Judge