Title: 

APD 022402

Significant Decision

Date: 

November 12, 2002

Issues: 

Date of Injury, Disabilty/Existence-Duration, Timely Reporting to Employer

Table of Contents

APD 022402

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 28, 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 ____________; that the claimant did not give timely notice of the claimed injury to his employer; and that he did not have disability. The claimant appeals these determinations. The appeal file contains no response from the respondent (carrier).

DECISION

We affirm.

Conflicting evidence was presented on the disputed issues in this case. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. We conclude that the hearing officer’s findings of fact in this regard are supported by sufficient evidence and are not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The decision and order of the hearing officer is affirmed.

The true corporate name of the insurance carrier is CRUM & FORSTER INDEMNITY COMPANY and the name and address of its registered agent for service of process is

PAUL DAVID EDGE

6404 INTERNATIONAL PARKWAY, SUITE 1000

PLANO, TEXAS 75093.

Judy L. S. Barnes

CONCUR:

Susan M. Kelley – Appeals Judge

Michael B. McShane

Appeals Panel

Manager/Judge