Title: 

APD 031634

Significant Decision

Date: 

August 4, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 031634

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 April 3, 2003, with the record held open for the respondent (claimant) to be evaluated by a required medical examination doctor and for the parties to submit written closing arguments. The record closed on May 27, 2003. The hearing officer resolved the disputed issues by deciding that the claimant sustained a compensable left leg/knee (including hardware) injury on ______________, while in the course and scope of her employment, and that the claimant had disability as a result of her compensable injury from February 5, 2002, through the date of the hearing. The appellant (self-insured) appealed, arguing that the hearing officer’s determinations are against the great weight and preponderance of the evidence. The claimant responded, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determinations and conclude that the issues of injury and disability 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 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.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

CITY SECRETARY

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Veronica L. Ruberto – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Edward Vilano – Appeals Judge