Title: 

APD 013001

Significant Decision

Date: 

January 16, 2002

Issues: 

Unavailable

Table of Contents

APD 013001

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 November 6, 2001. On the sole issue, the hearing officer determined that the compensable injury of _______________, extends to include an injury to the right wrist but does not extend to include an injury to the cervical spine. The appellant/cross-respondent (claimant) appeals on sufficiency grounds the determination with regard to the cervical spine. The respondent/cross-appellant (carrier) appeals on sufficiency grounds the determination with regard to the right wrist. The claimant submitted a response to the carrier’s appeal.

DECISION

Affirmed.

The complained-of determination involved questions of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s determination is 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 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750

COMMODORE 1

AUSTIN, TEXAS 78701.

Edward Vilano – Appeals Judge

CONCUR:

Michael B. McShane – Appeals Judge

Robert W. Potts – Appeals Judge