Title: 

APD 040069

Significant Decision

Date: 

March 1, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 040069

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 December 1, 2003. The hearing officer determined that appellant (claimant) did not sustain a compensable injury and that he did not have disability. Claimant appealed these adverse determinations on sufficiency grounds. Respondent (carrier) filed a response, urging affirmance. Another issue regarding timely reporting of the claimed injury was reported out of the benefit review conference but was not addressed by the hearing officer.

DECISION

We affirm.

We first note that there was no stipulation regarding timely reporting of an injury and no findings were made in this regard. Claimant does not complain of this on appeal. Error in this regard, even if it had been preserved, would be considered harmless given our affirmance of the other determinations in this case and we will not remand for findings regarding timely reporting of an injury.

We have reviewed the complained-of determinations regarding injury and disability 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 LIBERTY MUTUAL FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Thomas A. Knapp – Appeals Judge