Title: 

APD 021737

Significant Decision

Date: 

August 19, 2002

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 021737

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 10, 2002. The hearing officer determined that the respondent (claimant) sustained a compensable injury in the form of an occupational disease (repetitive trauma “tip toeing to reach the fan switch”) with a date of injury of ____________, and that the claimant had disability from __________ through December 2, 2001.

The appellant (carrier) appealed, principally on a sufficiency basis, arguing that the claimant’s foot condition is not inherent to the employment, that the medical evidence is insufficient to link the claimant’s left foot problems to her employment, and that the claimant’s left foot condition is not “indigenous to her employment as a sedentary office worker.” The claimant responded, urging affirmance.

DECISION

Affirmed

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 legally and factually supported and 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).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is TEXAS HOSPITAL INSURANCE EXCHANGE and the name and address of its registered agent for service of process is

ROBERT DION, CEO

PO BOX 14626

6300 LA CALMA, SUITE 550

AUSTIN, TEXAS 78761.

Thomas A. Knapp

CONCUR:

Daniel R. Barry – Appeals Judge

Gary L. Kilgore – Appeals Judge