Title: 

APD 022469

Significant Decision

Date: 

December 12, 2002

Issues: 

Extent of Injury

Table of Contents

APD 022469

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 September 26, 2002. The hearing officer resolved the disputed issues by deciding that the respondent’s (claimant) compensable injury of _____________, includes internal derangement (torn medial meniscus) and patellar chondromalacia of the left knee; and that the claimant did not have disability on and after September 1, 2001, through the date of the CCH. The appellant (carrier) appealed the hearing officer’s determination that the compensable injury includes internal derangement (torn medial meniscus) and patellar chondromalacia of the left knee. No response was received from the claimant. There is no appeal of the hearing officer’s determination that the claimant did not have disability on and after September 1, 2001, through the date of the CCH.

DECISION

The hearing officer’s decision is affirmed.

Conflicting evidence was presented on the appealed issue. 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 ST. PAUL FIRE & MARINE INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Veronica L. Ruberto – Appeals Judge