Title: 

APD 022404

Significant Decision

Date: 

November 1, 2002

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 022404

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on August 29, 2002. The hearing officer resolved the disputed issue by deciding that the appellant (claimant) did not have disability as a result of his _____________, compensable injury from February 1 through November 21, 2001. The claimant appealed, and the respondent (carrier) responded.

DECISION

The hearing officer’s decision is affirmed.

The claimant had the burden to prove that he had disability, as defined by Section 401.011(16), for the time period in question. Conflicting evidence was presented at the CCH. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder 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 decision is supported by sufficient evidence and that it is 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 hearing officer’s decision and order are affirmed.

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

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Robert W. Potts – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Susan M. Kelley – Appeals Judge