Title: 

APD 013190

Significant Decision

Date: 

February 5, 2002

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 013190

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 29, 2001. In resolving the sole issue before him[1], the hearing officer determined that the respondent (claimant) had disability beginning ______________, and continuing through November 29, 2001. The appellant (carrier) appealed on sufficiency grounds and the claimant responded.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant had disability from ______________, through November 29, 2001. The medical evidence and the claimant’s testimony sufficiently support the hearing officer’s conclusion. The parties presented conflicting evidence on this issue. We have reviewed this issue and conclude that it involved fact questions for the hearing officer. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer reviewed the record and resolved what facts were established. We conclude that the hearing officer’s determination is sufficiently supported by the record and is not 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).

The hearing officer’s decision and order are affirmed.

The true corporate name of the carrier is TRINITY UNIVERSAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

DONALD GENE SOUTHWELL

10000 N. CENTRAL EXPRESSWAY

DALLAS, TEXAS 75265.

Terri Kay Oliver – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Susan M. Kelley – Appeals Judge

  1. A second issue certified from the benefit review conference was withdrawn by agreement of the parties.