Title: 

APD 020574

Significant Decision

Date: 

April 26, 2002

Issues: 

Existence of Compensable Inj

Table of Contents

APD 020574

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 February 8, 2002. On the sole issue, the hearing officer determined that the respondent (claimant) sustained a compensable injury on __________. The appellant (carrier) appeals the determination on sufficiency grounds. The claimant did not file a response.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant sustained a compensable injury on __________. This was a question 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 determination is 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 PETROSURANCE CASUALTY COMPANY and the name and address of its registered agent for service of process is

ROBERT LEE

2221 E. LAMAR, SUITE 500

ARLINGTON, TEXAS 76006.

Edward Vilano – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Robert W. Potts – Appeals Judge