Title: 

APD 020428

Significant Decision

Date: 

April 11, 2002

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 020428

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 25, 2002. The hearing officer determined that (1) the respondent’s (claimant) compensable injury is a producing cause of his right shoulder dislocation after _____________; and (2) the claimant had disability after _____________. The appellant (self-insured) appeals the determinations on sufficiency grounds. No response was filed by the claimant.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determinations. The determinations 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 determinations are 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 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.

Edward Vilano – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Philip F. O’Neill – Appeals Judge