Title: 

APD 021059

Significant Decision

Date: 

June 5, 2002

Issues: 

Existence of Compensable Inj

Table of Contents

APD 021059

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 April 3, 2002. The hearing officer determined that the appellant (claimant) had not sustained a compensable injury on _____________.

The claimant appealed on a sufficiency of the evidence basis. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

The claimant testified that he sustained an injury on _____________, when he fell off a ladder of a tanker truck onto the ground. There was conflicting evidence and the parties appeared to agree the case revolved around the credibility of the witnesses and evidence.

The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)). He weighed the credibility and inconsistencies in the evidence and his determination on the issues is not 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).

Accordingly, the hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is VALLEY FORGE INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL

DALLAS, TEXAS 75201.

Thomas A. Knapp – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Roy L. Warren – Appeals Judge