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Date of Injury
/ Not Necessarily The Date of First Symptoms Appeal 071571 - October 12, 2007 The Appeals Panel reversed findings concerning a date of injury in a repetitious trauma claim and remanded so that the Hearing Officer could make findings consistent with the evidence. The Hearing Officer’s finding of date of injury was the date of first symptoms. Neither the Claimant’s testimony nor her doctor’s report, however, indicate that Claimant knew or should have known that her wrist pain was work-related on the date of injury found by the Hearing Officer. The date of injury
for an occupational disease is not necessarily the date of the first symptom (APD 981397). (Commercial Insurance Co. of
Newark v. Smith, 596 S.W. 2d 661, Fort Worth, 1980) Date of Injury / The Hearing Officer Must Make
a Specific Finding Appeal 080720 - July 11, 2008 The Hearing Officer determined that the Claimant did not sustain an injury on the 1st claimed date or the 2nd claimed date. The Hearing Officer could have found a date of injury based on the Claimant’s testimony or other CCH evidence. The Appeals Panel reversed and remanded. It was legal error for the Hearing Officer not to determine a specific date of injury. |
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