Title: 

APD 020503

Significant Decision

Date: 

April 18, 2002

Issues: 

Unavailable

Table of Contents

APD 020503

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 February 7, 2002. The hearing officer determined that (1) the respondent (claimant) sustained a compensable injury to her left ankle and left wrist on ____________; (2) the appellant (carrier) did not contest compensability of the claimant’s injury on or before the 60th day after being notified and the carrier’s contest of compensability on October 8, 2001, was not based on newly discovered evidence that could not have reasonably been discovered at an earlier date; and (3) the claimant had disability from ______ through September 3, 2000, and from August 31, 2001, through the date of the hearing. The carrier appeals the determinations on sufficiency grounds. The claimant urges affirmance.

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 SECURITY INSURANCE COMPANY OF HARTFORD and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Edward Vilano – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Michael B. McShane – Appeals Judge