Title: 

APD 020915

Significant Decision

Date: 

May 28, 2002

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 020915

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 March 18, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable repetitive trauma injury with a date of injury of ___________, and that she did not have disability. On appeal, the claimant expresses disagreement with these determinations. The respondent (self-insured) urges affirmance.

DECISION

Affirmed.

It is noted that the claimant testified at the hearing, despite the statement to the contrary in the hearing officer’s decision. Whether a claimant sustained a compensable injury and had disability are factual questions for the hearing officer to resolve. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). It is for the hearing officer to resolve the inconsistencies and conflicts in the evidence. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they 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, 176 (Tex. 1986). We have reviewed the matters complained of on appeal and conclude that the hearing officer’s decision is supported by sufficient evidence.

We affirm the decision and order of the hearing officer.

The true corporate name of the self-insured is GENERAL MOTORS CORPORATION and the name and address of its registered agent for service of process is

C. T. CORPORATION SYSTEM

350 NORTH ST. PAUL

DALLAS, TEXAS 75201.

Michael B. McShane

CONCUR:

Susan M. Kelley – Appeals Judge

Roy L. Warren – Appeals Judge