Title: 

APD 041924

Significant Decision

Date: 

September 23, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 041924

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 July 12, 2004. The hearing officer determined that respondent (claimant herein) sustained a compensable left femoral pseudoaneurysm injury on _______________, and that he had disability from January 14, 2004, through the date of the hearing. Appellant self-insured (carrier herein) appealed those determinations, contending that Dr. F did not adequately explain his opinion on causation. Carrier asserts that there are other “more likely” causes of claimant’s left femoral pseudoaneurysm. Carrier also complains that the hearing officer did not list the exhibits that were admitted at the hearing. The file does not contain a response from claimant.

DECISION

We affirm.

Carrier complains that the hearing officer did not list the exhibits that were admitted at the hearing. However, the hearing officer was not required to list such exhibits and we perceive no reversible error. See Texas Workers’ Compensation Commission Appeal No. 041454, decided August 9, 2004.

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.

The true corporate name of the insurance carrier is STATE OFFICE OF RISK MANAGEMENT (a self-insured governmental entity) and the name and address of its registered agent for service of process is

For service in person the address is:

JONATHAN BOW, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

300 W. 15TH STREET

WILLIAM P. CLEMENTS, JR. STATE OFFICE BUILDING, 6TH FLOOR

AUSTIN, TEXAS 78701.

For service by mail the address is:

JONATHAN BOW, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

P.O. BOX 13777

AUSTIN, TEXAS 78711-3777.

Judy L. S. Barnes

CONCUR:

Veronica L. Ruberto – Appeals Judge

Margaret L. Turner – Appeals Judge