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 December 18, 2007. The hearing officer decided that the respondent (claimant) sustained a compensable injury on __________, and that the claimant had disability resulting from her injury of __________, beginning August 10, 2007, and continuing through November 8, 2007. The appellant (carrier) appealed the hearing officer’s determinations on compensability and disability. The appeal file does not contain a response from the claimant.
Affirmed in part and reversed and rendered in part.
The hearing officer’s decision that the claimant sustained a compensable injury on __________, is supported by sufficient evidence and is affirmed.
The carrier argues that the hearing officer awarded disability for periods which the claimant was working at full wages and for which the claimant was not even claiming disability existed.
Disability means the inability to obtain and retain employment at wages equivalent to the preinjury wage because of a compensable injury. Section 401.011(16). There is no evidence that, due to her injury of __________, the claimant was unable to obtain and retain employment at wages equivalent to her preinjury wage beginning on the date of August 10, 2007. The claimant testified that she worked until September 28, 2007, when the plant manager took her off work because she could not perform her job correctly. There is no evidence that she earned less than her preinjury wage while working until September 28, 2007. In evidence is a Supervisor’s Investigation Report which states the claimant was sent for medical evaluation on September 28, 2007. The evidence reflects that the claimant was off work because of her compensable injury beginning September 28, 2007. The hearing officer’s determination that the claimant’s disability began on August 10, 2007, is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. The evidence supports a beginning date of disability of September 28, 2007. There is sufficient evidence to support the ending date of disability found by the hearing officer. Accordingly, we reverse that portion of the hearing officer’s determination that the claimant had disability resulting from her injury of __________, beginning August 10, 2007, and render a decision that the claimant had disability resulting from her injury of __________, beginning September 28, 2007, and continuing through November 8, 2007.
The true corporate name of the insurance carrier is AMERICAN ZURICH INSURANCE COMPANY and the name and address of its registered agent for service of process is
LEO F. MALO
12222 MERIT DR., SUITE 700
DALLAS, TEXAS 75251.
Margaret L. Turner
Thomas A. Knapp
Veronica L. Ruberto