Title: 

APD 040765

Significant Decision

Date: 

May 24, 2004

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 040765

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 March 11, 2004. The hearing officer determined that the _____________, compensable injury of appellant (claimant) extends to and includes the L4-5 herniation in her lumbar spine and that claimant had disability only from September 27 through November 27, 2002. Claimant appealed the adverse determinations regarding 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 determination regarding disability and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determination is supported by the record and is 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 note that, in deciding the issue regarding disability, the hearing officer was entitled to consider any gap in medical treatment.

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is NORTH AMERICAN SPECIALTY INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Judy L. S. Barnes

CONCUR:

Elaine M. Chaney – Appeals Judge

Margaret L. Turner – Appeals Judge