Title: 

APD 041292

Significant Decision

Date: 

July 15, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 041292

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 29, 2004. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on _______________, and therefore did not have disability. The claimant appealed on sufficiency of the evidence grounds and the respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determinations and conclude that the disputed issues of injury and disability involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer concluded that the claimant failed to establish that the alleged injurious fall down the escalator occurred on _______________. 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 AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Daniel R. Barry

CONCUR:

Judy L. S. Barnes – Appeals Judge

Chris Cowan – Appeals Judge