Title: 

APD 021726

Significant Decision

Date: 

August 15, 2002

Issues: 

Amount of Average Weekly Wage, Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Reporting to Employer

Table of Contents

APD 021726

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 June 16, 2002. The hearing officer determined that appellant (claimant) did not sustain a compensable injury, that he did not timely report his claimed injury, and that he 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 have reviewed claimant’s complaints regarding the way the hearing officer conducted the hearing, and we perceive no error.

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is LUMBERMENS UNDERWRITING ALLIANCE and the name and address of its registered agent for service of process is

DEBRA S. MATHEWS-BUDET

12200 FORD ROAD, SUITE 344

DALLAS, TEXAS 75234.

Judy L. S. Barnes

CONCUR:

Gary L. Kilgore – Appeals Judge

Robert W. Potts – Appeals Judge