Title: 

APD 012016

Significant Decision

Date: 

October 12, 2001

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 012016

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on August 1, 2001. With regard to the issues before her the hearing officer determined that the appellant (claimant herein) did not sustain a compensable injury on ________; that the asserted injury did not extent to mental trauma or to a speech impediment; and that the claimant did not have disability. The claimant appeals contending that these determinations were contrary to the great weight and preponderance of the evidence. The respondent (carrier herein) replies that the decision of the hearing officer was sufficiently supported by the evidence.

DECISION

Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.

The issues of injury, of the extent injury, and disability are all questions of fact. There was conflicting evidence offered on each of these issues. It was the province of the hearing officer to resolve any conflicting evidence. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). The question, under our standard of review, was whether the hearing officer’s determinations were 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). Applying this standard, we find sufficient evidence to support the hearing officer’s resolution of the issues before her.

The decision and order of the hearing officer are affirmed.

The true corporate name of the self-insured is (SELF-INSURED) and the name and address of its registered agent for service of process is:

CT CORPORATION SYSTEM

350 N. ST. PAUL STREET

DALLAS, TEXAS 75201.

Gary L. Kilgore – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Susan M. Kelley – Appeals Judge