Title: 

APD 040911

Significant Decision

Date: 

May 27, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 040911

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 April 8, 2004. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on _______________, and therefore, he did not have disability. The claimant appealed on sufficiency of the evidence grounds. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determinations and conclude that the compensability and disability 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.

The true corporate name of the insurance carrier is TEXAS BUILDERS INSURANCE COMPANY and the name and address of its registered agent for service of process is

ROBERT SIDDONS

11612 RM 2244, BUILDING 1, SUITE 200

AUSTIN, TEXAS 78733.

Daniel R. Barry – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Chris Cowan – Appeals Judge