Title: 

APD 022262

Significant Decision

Date: 

October 16, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 022262

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 August 5, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on _____________, and did not have disability. On appeal, the claimant contends that these determinations are against the great weight and preponderance of the evidence. The respondent (carrier) urges affirmance.

DECISION

We affirm.

Whether the claimant sustained a compensable injury and had disability were factual questions for the hearing officer to resolve. Section 410.165(a) provides that the contested case hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. It was the hearing officer’s prerogative to believe all, part, or none of the testimony of any witness, including that of the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). Nothing in our review of the record indicates that the hearing officer’s decision is 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.

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

DENISE BLOCKBOURN

12225 GREENVILLE AVENUE

DALLAS, TEXAS 75243.

Judy L. S. Barnes

CONCUR:

Michael B. McShane – Appeals Judge

Philip F. O’Neill – Appeals Judge