Title: 

APD 022389

Significant Decision

Date: 

November 6, 2002

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 022389

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 29, 2002. The hearing officer determined that (1) the compensable injury of _______________, extends to the right foot and the right ankle; and (2) the respondent (claimant) had disability for the period of November 9, 2001, through June 4, 2002. The appellant (carrier) appeals the determinations on sufficiency grounds. The claimant urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determinations. The determinations involved questions of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s determinations are 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).

The carrier alleges that the hearing officer did not fully consider the evidence presented, pointing out that the decision does not address much of the carrier’s medical evidence. We have said that the hearing officer is not required to discuss all of the evidence, in the decision and order. See Texas Workers’ Compensation Commission Appeal No. 93164, decided April 19, 1993 (Unpublished). Upon review of the record, we are satisfied that the hearing officer considered all of the evidence presented.

The decision and order of the hearing officer are affirmed.

The true corporate name of the carrier is CONTINENTAL CASUALTY COMPANY and the name and address of its registered agent for service of process is

C T CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Gary L. Kilgore

CONCUR:

Veronica L. Ruberto – Appeals Judge

Thomas A. Knapp – Appeals Judge