Title: 

APD 042336

Significant Decision

Date: 

November 1, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 042336

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 August 26, 2004. The hearing officer determined that the respondent (claimant) sustained a compensable injury on __________, and that he had disability from June 23 through September 14, 2003, but not from September 15, 2003, through August 26, 2004. The appellant (carrier) appealed these determinations and the claimant responded, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determinations and conclude that the disputed 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 further note that the hearing officer properly applied the law and the precedent set forth in Texas Workers’ Compensation Commission Appeal No. 031900-s, decided September 8, 2003.

The decision and order of the hearing officer are affirmed.

The true corporate name of the insurance carrier is LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, COMMODORE 1, SUITE 750

AUSTIN, TEXAS 78701.

Daniel R. Barry

CONCUR:

Judy L. S. Barnes – Appeals Judge

Veronica L. Ruberto – Appeals Judge