Title: 

APD 011439

Significant Decision

Date: 

August 15, 2001

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 011439

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 June 1, 2001. The hearing officer resolved the disputed issue by deciding that the respondent/cross-appellant (claimant) had disability due to his compensable injury of ____________, from December 6, 2000, through May 18, 2001. Both parties appealed.

DECISION

The hearing officer’s decision is affirmed.

The hearing officer did not err in determining that the claimant had disability, as defined by Section 401.011(16), from December 6, 2000, through May 18, 2001. Conflicting evidence was presented on the disputed issue. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established from the evidence presented. 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:

Robert E. Lang

Appeals Panel

Manager/Judge

Michael B. McShane – Appeals Judge