Title: 

APD 021297

Significant Decision

Date: 

July 8, 2002

Issues: 

Act of a Third Party/Personal, Disabilty/Existence-Duration, Willful Attempt to Injure

Table of Contents

APD 021297

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 25, 2002. The hearing officer determined that the claimed injury was not caused by the willful intention and attempt of respondent (claimant) to injure himself or unlawfully injure another person; the claimed injury did not arise out of an act of a third party intended to injure the employee because of a personal reason; appellant (carrier) is not relieved of liability; and claimant had disability from ________________, through the date of the hearing. Carrier appealed, contending that it should be relieved of liability because the injury arose due to personal animosity. Carrier also asserted that claimant did not have disability because there was no compensable claim. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

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. We conclude that the hearing officer’s determinations 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 FIDELITY AND GUARANTY INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Roy L. Warren – Appeals Judge