Title: 

APD 030297

Significant Decision

Date: 

March 25, 2003

Issues: 

Amount of Average Weekly Wage, Compensability-Occupationl Inj, Date of Injury, Disabilty/Existence-Duration, Timely Reporting to Employer

Table of Contents

APD 030297

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 January 8, 2003. The hearing officer determined that appellant (claimant) did not sustain a compensable occupational disease 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. The determinations regarding date of injury, timely notice, and average weekly wage were not appealed.

DECISION

We affirm.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. In order to prevail on his occupational disease claim, the claimant had to present expert medical evidence to establish a reasonable medical probability that her asthma is causally connected to her employment. Hernandez v. Texas Employers Ins. Ass’n, 783 S.W.2d 250 (Tex. App.-Corpus Christi 1989, no writ); Texas Workers’ Compensation Commission Appeal No. 981817, decided September 21, 1998.The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determinations are supported by the record 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).

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 CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Judy L. S. Barnes

CONCUR:

Daniel R. Barry – Appeals Judge

Elaine M. Chaney – Appeals Judge