Title: 

APD 021965

Significant Decision

Date: 

September 16, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021965

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 July 11, 2002. The hearing officer determined that the ___________, compensable injury of the appellant (claimant) does not extend to and include an injury to the left knee. Claimant appeals this determination on sufficiency grounds and also complains that respondent (carrier) did not meet its burden to prove sole cause. Carrier responded that the Appeals Panel should affirm the decision and order.

DECISION

We affirm.

We have reviewed the complained-of determination and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determination is 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 also perceive no error regarding burden of proof and sole cause. See Texas Workers’ Compensation Commission Appeal No. 981225, decided July 27, 1998.

We affirm the hearing officer’s decision and order.

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

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Susan M. Kelley – Appeals Judge

Michael B. McShane – Appeals Judge