Title: 

APD 010838

Significant Decision

Date: 

May 24, 2001

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 010838

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 March 15, 2001. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable low back injury on __________, and that the claimant had disability from March 12, 1999, through May 10, 2000. The appellant (self-insured) appealed and the claimant responded.

DECISION

The hearing officer’s decision is affirmed.

The hearing officer did not err in determining that the claimant sustained a compensable low back injury on __________, and that she had disability from March 12, 1999, through May 10, 2000. Conflicting evidence was presented on the disputed issues. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. The hearing officer’s decision is supported by sufficient evidence and is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust.

The hearing officer’s decision and order are affirmed.

Robert W. Potts – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Michael B. McShane – Appeals Judge