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 April 8, 2002. The hearing officer determined that the appellant (claimant) sustained a compensable injury on ____________ (all dates are 2001 unless otherwise noted), that the compensable injury “extends to and includes respiratory allergy but not a cervical sprain/strain,” and that the claimant had disability for one day on _________.
The claimant appeals the extent-of-injury issue not extending to the cervical spine because “common sense indicates that the cause of the injury is the Claimant’s work” and that the claimant’s “disability continues so long as there is no bona fide offer of work” that does not include painting. The respondent (carrier) responds, urging affirmance.
DECISION
Affirmed.
Issues of injury and disability usually involve questions of fact for the hearing officer to resolve. Section 410.165(a). Disability is defined as the inability because of a compensable injury to obtain and retain employment at the preinjury wage. Section 401.011(16). In this case, the claimant was sent to the company doctor on __________, was released to return to work, and did in fact work, until September 5. The evidence further indicated that the claimant subsequently worked at two jobs similar to his preinjury job at wages equal to or greater than his preinjury employment. Bona fide offer of employment was not an issue in this case.
After review of the record before us and the complained-of determinations, we have concluded that there is sufficient support for the hearing officer’s decision. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is SERVICE LLOYD’S INSURANCE COMPANY and the name and address of its registered agent for service of process is
JOSEPH KELLEY-GRAY, PRESIDENT
6907 CAPITAL OF TEXAS HIGHWAY NORTH
AUSTIN, TEXAS 78755.
Thomas A. Knapp – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Roy L. Warren – Appeals Judge