Title: 

APD 022367

Significant Decision

Date: 

October 28, 2002

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 022367

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 26, 2002. The hearing officer determined that the appellant (claimant) had disability resulting from an injury sustained on ______________, from November 5, 2001, through March 26, 2002, and at no other time. The claimant appealed on sufficiency of the evidence grounds. The respondent (carrier) filed a response urging affirmance.

DECISION

Affirmed

We have reviewed the complained-of disability determination and find that the hearing officer’s Decision and Order is supported by sufficient evidence to be affirmed. The issue presented a question 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 Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). There was conflicting evidence presented on the disputed issue. 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 Insurance Company of Newark, New Jersey, 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 determination is 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 that determination on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the decision and order of the hearing officer.

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

PRENTICE-HALL CORPORATION SYSTEM, INC.

800 BRAZOS

AUSTIN, TEXAS 78701.

Veronica L. Ruberto

CONCUR:

Gary L. Kilgore – Appeals Judge

Michael B. McShane – Appeals Judge