Title: 

APD 032029

Significant Decision

Date: 

September 23, 2003

Issues: 

Course & Scope of Employment, Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Contest by Carrier

Table of Contents

APD 032029

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 20, 2003. The hearing officer determined that appellant/cross-respondent (claimant) sustained a compensable injury on _____________; that she did not have disability; and that respondent/cross-appellant (carrier) did not waive the right to contest the compensability of the claim. Claimant appealed the disability determination on sufficiency grounds. Carrier responded that the Appeals Panel should affirm the hearing officer’s determination that claimant did not have disability, but appeals asking the Appeals Panel to reform the decision to reflect that claimant sustained only a cervical and lumbar sprain/strain as found in the findings of fact. Claimant responded that the Appeals Panel should not reform the decision and order as requested by carrier.

DECISION

We affirm.

Carrier asks the Appeals Panel to reform the judgment to reflect the extent of the injury, but we decline to do so. See generally Texas Workers’ Compensation Commission Appeal No. 021625, August 20, 2002.

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 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 the information provided by carrier, the true corporate name of the insurance carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

MR. RUSSELL R. OLIVER, PRESIDENT

221 WEST 6TH STREET

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Elaine M. Chaney – Appeals Judge

Thomas A. Knapp – Appeals Judge