Title: 

APD 020561

Significant Decision

Date: 

April 24, 2002

Issues: 

Extent of Injury, Timely Reporting to Employer

Table of Contents

APD 020561

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 11, 2002. The hearing officer determined that (1) the appellant’s (claimant) compensable injury of ___________, includes recurrent bilateral hernias on or after ___________; (2) the claimant did not sustain a compensable repetitive trauma injury on ___________; (3) the respondent (carrier) is relieved from liability for the claimed injury of ___________, under Section 409.002, because of the claimant’s failure, without good cause, to timely notify his employer pursuant to Section 409.001; (4) the carrier did not waive the right to contest the compensability of the claimed injury of ___________; and (5) because the claimant did not sustain a compensable injury on ___________, he did not have resulting disability. The claimant appeals the determinations on sufficiency grounds. The carrier 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 insurance carrier is LIBERTY MUTUAL GROUP and the name and address of its registered agent for service of process is

C. T. CORPORATION SYSTEMS

350 NORTH ST. PAUL #2900

DALLAS, TEXAS 75201.

Edward Vilano – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Philip F. O’Neill – Appeals Judge