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APD 041777
September 1, 2004

APD 041777

September 1, 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 18, 2004. The hearing officer determined that appellant (claimant herein) did not sustain a compensable injury on ________________, that claimant had good cause for late reporting of the claimed injury, and that claimant did not have disability. Claimant appealed the adverse determinations regarding compensability and disability on sufficiency grounds. Claimant also appealed the determination regarding notice to the employer even though claimant prevailed on this issue. Respondent self-insured (carrier herein) responded that the Appeals Panel should affirm the hearing officer’s decision and order.


We affirm.

We have reviewed the complained-of determinations regarding compensability and disability 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). Claimant also appealed the hearing officer’s determination regarding notice to the employer. However, claimant ultimately prevailed on that issue and carrier was not relieved of liability for the failure to give timely notice. Claimant was not aggrieved by the hearing officer’s determination in this regard and no reversible error is shown by the record.

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is




Judy L. S. Barnes


Daniel R. Barry
Appeals Judge

Elaine M. Chaney
Appeals Judge