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APD 042373
November 16, 2004

APD 042373

November 16, 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 August 30, 2004. The hearing officer determined that the ____________, injury of the appellant (claimant) does not include depression, post-traumatic stress disorder (PTSD), or reflex sympathetic dystrophy (RSD), but that the injury does include chronic pain syndrome. Claimant appealed the adverse determination regarding depression, PTSD, and RSD on sufficiency grounds. The file does not contain a response from respondent (carrier).


We affirm.

Claimant attached two documents to her appeal that were not admitted at the hearing and were dated before the hearing. Documents submitted for the first time on appeal are generally not considered unless they constitute admissible, newly discovered evidence. We conclude that these attachments to claimant's appeal do not meet the requirements of newly discovered evidence necessary to warrant a remand. Having reviewed the documents, we conclude that admission on remand would not result in a different decision. Texas Workers’ Compensation Commission Appeal No. 93111, decided March 29, 1993; Black v. Wills, 758 S.W.2d 809 (Tex. App.-Dallas 1988, no writ).

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 SENTRY INSURANCE, A MUTUAL COMPANY and the name and address of its registered agent for service of process is




Judy L. S. Barnes


Thomas A. Knapp
Appeals Judge

Veronica L. Ruberto
Appeals Judge