Title: 

APD 032006

Significant Decision

Date: 

September 17, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 032006

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 14, 2003. The hearing officer determined that appellant/cross-respondent (claimant) sustained a compensable injury and that she has not had disability. Claimant appealed the determination that she has not had disability on sufficiency grounds. Respondent/cross-appellant (carrier) responded that the Appeals Panel should affirm the disability determination. Carrier appealed the determination that claimant sustained a compensable injury. The file does not contain a response from claimant.

DECISION

We affirm.

Claimant asks for an extension of time to secure a referral to a surgeon and to obtain additional medical evidence. The Appeals Panel does not have authority to grant such an extension or to supplement the record on appeal. See Texas Workers’ Compensation Commission Appeal No. 94039, decided February 9, 1994.

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. The hearing officer’s determination that claimant sustained a compensable injury is supported by claimant’s testimony and the medical records. The hearing officer could consider the delay in seeking medical treatment along with claimant’s apparent ability to continue working in making his determination regarding disability. 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 ZURICH INSURANCE COMPANY and the name and address of its registered agent for service of process is

GARY SUDOL

9330 LBJ FREEWAY SUITE 1200

DALLAS, TEXAS 75243.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Margaret L. Turner – Appeals Judge