Title: 

APD 020227

Significant Decision

Date: 

March 19, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Reporting to Employer

Table of Contents

APD 020227

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 January 14, 2002. The hearing officer resolved the issues before her by determining that the respondent (claimant) sustained a compensable injury to her low back on ____________; that she timely notified her employer of her injury on the date of injury; and that she had disability from June 27 through November 11, 2001. The appellant (carrier) appealed on sufficiency grounds and there was no response by the claimant.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant sustained a compensable low back injury on ____________; that she timely notified her employer, via her supervisor, on the date of the injury; and that she had disability resulting from her injury from June 27 through November 11, 2001. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer decided that the claimant was credible and that her testimony regarding the mechanism of injury and her disability was supported by the medical and other evidence she presented. Upon review of the record, we conclude that the hearing officer’s determinations are supported by the evidence, and that they are 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); Texas Workers’ Compensation Commission Appeal No. 001360, decided July 27, 2000.

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is INSURANCE COMPANY FOR THE STATE OF PENNSYLVANIA 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.

Terri Kay Oliver – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Philip F. O’Neill – Appeals Judge