Title: 

APD 021594

Significant Decision

Date: 

July 26, 2002

Issues: 

Compensability-Occupationl Inj, Date of Injury, Timely Reporting to Employer

Table of Contents

APD 021594

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 May 30, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable repetitive trauma injury; that the date of the claimed injury is _______________; and that the claimant did not timely report the claimed injury to the employer. On appeal, the claimant expresses disagreement with these determinations. The respondent (carrier) urges affirmance.

DECISION

We affirm the hearing officer’s decision.

The record in this case presented conflicting evidence for the hearing officer to resolve. 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 decision should not be set aside because different inferences and conclusions may be drawn upon review, even when the record contains evidence that would lend itself to different inferences. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). In considering all the evidence in the record, we cannot agree that the findings of the hearing officer are so against the great weight and preponderance of the evidence as to be manifestly wrong and unjust. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We therefore affirm the decision and order.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Susan M. Kelley – Appeals Judge

CONCUR:

Daniel R. Barry – Appeals Judge

Gary L. Kilgore – Appeals Judge