Title: 

APD 020395

Significant Decision

Date: 

March 26, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 020395

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 January 23, 2002. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on ______________, and that she had disability from _______ through October 4, 2001. The appellant (carrier) appealed and the claimant responded.

DECISION

The hearing officer’s decision is affirmed.

The claimant claimed that she was injured at work on ______________, when she lifted a heavy mop bucket to empty out the water in a sink. The claimant had the burden to prove that she was injured in the course and scope of her employment and that she had disability as defined by Section 401.011(16). Conflicting evidence was presented at the CCH. 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. The hearing officer’s determinations that the claimant sustained a compensable injury and that she had disability from _______ through October 4, 2001, are supported by the claimant’s testimony and by the reports of the treating doctor. 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. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is ST. PAUL GUARDIAN INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Susan M. Kelley – Appeals Judge