Title: 

APD 021431

Significant Decision

Date: 

July 22, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Reporting to Employer

Table of Contents

APD 021431

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 May 3, 2002. The hearing officer determined that the respondent (claimant) sustained a compensable low back injury on ______________; that the appellant (carrier) is not relieved of liability because the claimant timely reported his injury to his employer; and that the claimant had disability beginning on October 31, 2000, and continuing through the date of the CCH. The carrier appeals, contending that there is insufficient evidence to support the hearing officer’s decision. There is no response from the claimant in our file.

DECISION

Affirmed.

Essentially, the carrier quarrels with the weight that the hearing officer gave to the evidence. The hearing officer is the sole judge of the relevance, materiality, weight, and credibility of the evidence presented at the hearing. Section 410.165(a). The record in this case contains conflicting evidence for the hearing officer to resolve. After review of the record and the complained-of determinations, we have concluded that there is sufficient legal and factual support for the hearing officer’s decision. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is LM INSURANCE CORPORATION and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Roy L. Warren – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Thomas A. Knapp – Appeals Judge