Title: 

APD 041090

Significant Decision

Date: 

June 30, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 041090

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 20, 2004. The hearing officer determined that the respondent (claimant) sustained a compensable injury on ______________, and that he had disability from November 24, 2003, through the date of the hearing. The appellant (carrier) appealed on sufficiency of the evidence grounds and the claimant 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).

The hearing officer’s decision and order are affirmed.

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

PRENTICE HALL CORPORATION SYSTEM, INC.

800 BRAZOS

AUSTIN, TEXAS 78701.

Daniel R. Barry

CONCUR:

Robert W. Potts – Appeals Judge

Edward Vilano – Appeals Judge