Title: 

APD 032605

Significant Decision

Date: 

November 19, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 032605

This appeal after remand 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 March 18, 2003. The hearing officer determined that the compensable injury of appellant (claimant) did not include an injury to her low back and that claimant did not have disability. Claimant appealed these determinations on sufficiency grounds. Claimant also contended that the hearing officer held her to a higher burden of proof. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order. The Appeals Panel remanded for reconstruction of the record. Texas Workers’ Compensation Commission Appeal No. 030976, decided June 4, 2003. The hearing officer held a hearing on remand. The hearing officer issued a decision and order on remand again determining that claimant’s compensable injury did not include an injury to her low back and that the claimant did not have disability. Claimant appealed these determinations on sufficiency grounds and also contended that the hearing officer was biased and did not properly consider the evidence. Carrier did not file a response to this appeal.

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. The assertions of bias by the hearing officer are not supported by the record. The record does not reflect that the hearing officer misapplied the law or failed to consider the evidence. The fact that the hearing officer did not find claimant’s evidence to be credible does not mean that she did not consider all the evidence. 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 TRAVELERS INDEMNITY COMPANY OF AMERICA and the name and address of its registered agent for service of process is

CT CORPORATION

350 NORTH ST. PAUL

DALLAS, TEXAS 75201.

Judy L. S. Barnes

CONCUR:

Elaine M. Chaney – Appeals Judge

Edward Vilano – Appeals Judge