Title: 

APD 020638

Significant Decision

Date: 

April 29, 2002

Issues: 

Disabilty/Existence-Duration, Employment Relationshp-Exstnce, Existence of Compensable Inj

Table of Contents

APD 020638

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 6, 2002. The hearing officer determined that (1) the respondent (claimant) sustained a compensable injury on ____________; (2) the claimant’s employer for purposes of the 1989 Act was (employer) at the time of the injury on ____________; and (3) the claimant had disability from ____________, through the date of the hearing. The appellant (carrier 1) appeals the determinations on sufficiency grounds. The claimant and respondent (carrier 2) urge 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 carrier 1 is TEXAS BUILDERS INSURANCE COMPANY and the name and address of its registered agent for service of process is

MR. ROBERT SIDDONS

TEXAS BUILDERS INSURANCE COMPANY

11612 RM2244, BUILDING 1

AUSTIN, TEXAS 78738.

The true corporate name of carrier 2 is HARTFORD INSURANCE COMPANYand the name and address of its registered agent for service of process is

C. T. CORPORATION SYSTEM

350 N. ST. PAUL STREET

DALLAS, TEXAS 75201.

Edward Vilano – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Michael B. McShane – Appeals Judge