Title: 

APD 021438

Significant Decision

Date: 

July 17, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 021438

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 16, 2002. The hearing officer determined that appellant (claimant) did not sustain a compensable injury on _______________; claimant timely reported her claimed injury; claimant did not timely file a claim within one year; and claimant 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.

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 note that claimant contends her wrist and claimed back injuries constitute just one injury. However, it is clear from the record that two separate claimed injuries were involved. Claimant attached to her brief a document that she says was not admitted at the hearing. However, this document was admitted at the hearing and it, like other evidence in the record, states that claimant’s employer had notice of injury on _______________. In any case, we note that the hearing officer did find that claimant timely notified her employer of her injury.

We affirm the decision and order of the hearing officer.

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

ROBIN MOUNTAIN

ACE USA

6600 E. CAMPUS CIRCLE DRIVE, SUITE 200

IRVING, TEXAS 75063.

Judy L. S. Barnes

CONCUR:

Daniel R. Barry – Appeals Judge

Philip F. O’Neill – Appeals Judge