Title: 

APD 021064

Significant Decision

Date: 

June 12, 2002

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 021064

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 April 3, 2002. The hearing officer resolved the disputed issues by deciding that the respondent’s (claimant) compensable injury of _____________, includes the mouth, teeth, neck, memory loss, concussion, and mild closed head injury, but does not include the mid-back and hearing loss, and that the claimant has had disability, as defined by Section 401.011(16), from October 3, 2001, through the date of the CCH. The appellant (carrier) appealed and the claimant responded.

DECISION

The hearing officer’s decision is affirmed.

The parties stipulated that the claimant sustained a compensable injury on_____________. The claimant had the burden of proof on the issues of the extent of the compensable injury and disability. Conflicting evidence was presented on the disputed issues. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

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

RUSS LARSEN

860 AIRPORT FREEWAY WEST, SUITE 500

HURST, TEXAS 75054-3286.

Robert W. Potts – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Roy L. Warren – Appeals Judge