Title: 

APD 021474

Significant Decision

Date: 

July 24, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 021474

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 21, 2002. The appellant (self-insured) appeals the hearing officer’s determinations that the respondent (claimant) sustained a compensable injury in the form of a low back sprain/strain on _______________; and that the claimant had disability resulting from the injury beginning on ___________ and continuing through December 18, 2001. The claimant responds, urging affirmance.

DECISION

Affirmed as modified.

We note that there is an administrative/typographical error in Finding of Fact 1A, which improperly identifies the employer as “[company].” Accordingly we modify Finding of Fact 1A to reflect the proper employer (as stipulated during the CCH) to state as follows: “On _______________, the claimant was the employee of [employer].”

The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer reviewed the record and resolved what facts were established. We conclude that the hearing officer’s determinations are sufficiently supported by the record and are 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).

We affirm the hearing officer’s decision and order as modified.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

SUPERINTENDENT

(ADDRESS)

(CITY), TEXAS (ZIPCODE).

Roy L. Warren – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Michael B. McShane – Appeals Judge