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APD 041553
August 20, 2004

APD 041553

August 20, 2004

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. With regard to the only issue before him the hearing officer determined that the appellant (claimant) did not have disability.

The claimant appeals, contending that he was unable to perform his preinjury duties and that his (current) treating doctor has taken him off work. The file does not contain a response from the respondent (carrier).



The parties stipulated that the claimant sustained a compensable injury to his lower back on _______________. The claimant’s initial treating doctor in Work Status Reports (TWCC-73) dated April 24 and May 5, 2003, released the claimant to return to work without restrictions. Although other subsequent reports take the claimant off work the hearing officer could, and did, choose to believe the evidence from the claimant’s initial treating doctor and the designated doctor.

We have reviewed the complained-of determinations and conclude that the 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 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 FIDELITY & GUARANTY INSURANCE COMPANY and the name and address of its registered agent for service of process is




Thomas A. Knapp


Daniel R. Barry
Appeals Judge

Gary L. Kilgore
Appeals Judge