Title: 

APD 041153

Significant Decision

Date: 

July 2, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Reporting to Employer

Table of Contents

APD 041153

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 13, 2004. The hearing officer determined that the respondent (carrier) is relieved from liability for benefits under Section 409.002 and that the appellant (claimant) did not sustain a compensable injury on _____________, therefore she did not have disability. The claimant appealed on sufficiency of the evidence grounds and the carrier responded, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determinations and conclude that the disputed 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 ZURICH AMERICAN INSURANCE COMPANY, a division of Zurich North America and the name and address of its registered agent for service of process is

LEO MALO

ZURICH NORTH AMERICA

12222 MERIT DRIVE, SUITE 700

DALLAS, TEXAS 75251.

Daniel R. Barry

CONCUR:

Margaret L. Turner – Appeals Judge

Edward Vilano – Appeals Judge