Title: 

APD 021371

Significant Decision

Date: 

July 17, 2002

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 021371

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 29, 2002. The hearing officer determined that (1) the respondent (claimant) sustained a compensable repetitive trauma injury on __________________; and (2) the claimant had disability from January 7, 2002, and continuing through the date of the hearing. The appellant (carrier) appeals the determinations on sufficiency of the evidence grounds. The claimant urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant sustained a compensable repetitive trauma injury on __________________, and had disability from January 7, 2002, through the date of the hearing. These were 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 the carrier is ACE USA/OR and the name and address of its registered agent for service of process is

ROBIN MOUNTAIN

CLAIMS VICE PRESIDENT

ACE USA

6600 CAMPUS CIRCLE DRIVE EAST, SUITE 200

IRVING, TEXAS 75063.

Philip F. O’Neill

CONCUR:

Judy L. S. Barnes – Appeals Judge

Michael B. McShane – Appeals Judge