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At a Glance:
Title:
APD 041584
Date:
August 19, 2004

APD 041584

August 19, 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 June 3, 2004. The hearing officer determined that appellant (claimant) sustained a compensable injury; that claimant had disability from July 8 through August 27, 2003; that the compensable injury does not include disc bulging at L4-5 or L5-S1; that respondent (carrier) waived the right to contest compensability of the claim; and that carrier is not allowed to reopen the issue of compensability. Claimant appealed the determinations regarding extent of injury and disability on sufficiency grounds. Carrier responded that the hearing officer did not err in making the complained-of determinations.

DECISION

We affirm.

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 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.

According to information provided by carrier, 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.

Judy L. S. Barnes

CONCUR:

Daniel R. Barry
Appeals Judge

Margaret L. Turner
Appeals Judge

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