Title: 

APD 032186

Significant Decision

Date: 

October 1, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury, Jurisdiction

Table of Contents

APD 032186

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 17, 2003. The hearing officer determined that the ______________, compensable injury of appellant (claimant) does not extend to an injury to the neck or right elbow; that claimant has not had disability beyond August 27, 2002; and that the Texas Workers’ Compensation Commission had jurisdiction to determine the issue regarding extent of injury. Claimant appealed only the determinations regarding extent of injury and disability on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

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 information provided by carrier, the true corporate name of the insurance carrier is ZURICH AMERICAN 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

CONCUR:

Thomas A. Knapp – Appeals Judge

Edward Vilano – Appeals Judge