Title: 

APD 021456

Significant Decision

Date: 

July 17, 2002

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 021456

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 May 13, 2002. The hearing officer determined that the appellant (claimant) had not sustained a compensable repetitive trauma injury “or otherwise” on _______________, and did not have disability.

The claimant appealed, stressing her testimony about the repetitive nature of her work and the doctors’ opinions that her neck injury was work related. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

Whether the claimant performed repetitive, physically traumatic activities which caused her injury and whether she had disability are questions of fact for the hearing officer to resolve. After review of the record before us and the complained-of determinations, we have concluded that there is sufficient legal and factual support for the hearing officer’s decision. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

Accordingly, the hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is STATE FARM FIRE AND CASUALTY COMPANY and the name and address of its registered agent for service of process is

MR. RON DODD

STATE FARM FIRE AND CASUALTY COMPANY

89001 AMBERGLEN BOULEVARD

AUSTIN, TEXAS 78729-1110.

Thomas A. Knapp – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Robert E. Lang

Appeals Panel

Manager/Judge