Title: 

APD 021811

Significant Decision

Date: 

August 28, 2002

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 021811

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 June 4, 2002. The hearing officer determined that the appellant’s (claimant) ______________, compensable injury extends to and includes an injury to the head in the form of contusions and an injury to the spine in the form of a left-sided cervical sprain/strain, but does not extend to and include the claimant’s psychological problems. He further determined that the claimant has not suffered disability as a result of her compensable injury. The claimant appealed, requesting that the case be remanded for rehearing by a different hearing officer and the respondent (carrier) responded, urging affirmance

DECISION

Affirmed.

We have reviewed the complained-of determinations and find that the hearing officer’s Decision and Order is supported by sufficient evidence to be affirmed in its entirety. The issues presented questions of fact for the hearing officer. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a); Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). There was conflicting evidence presented on the disputed issues. It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). Nothing in our review of the record reveals that the hearing officer’s determinations are so contrary to the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. As such, no sound basis exists for us to reverse those determinations on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). Additionally, we find no evidence of bias or prejudice on the part of the hearing officer, which would require that the case be remanded to a different hearing officer for a new hearing.

The hearing officer’s decision and order are affirmed.

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

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Daniel R. Barry – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Philip F. O’Neill – Appeals Judge