Title: 

APD 022516

Significant Decision

Date: 

November 21, 2002

Issues: 

Allegation of Bona Fide Offer, Disabilty/Existence-Duration

Table of Contents

APD 022516

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 September 5, 2002. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) had disability from February 9 through March 18, 2002, that the employer offered the claimant a bona fide position of employment, and that the claimant was entitled to select Dr. B as his initial treating doctor. The claimant appealed the determinations on disability and offer of a bona fide position of employment. The respondent (carrier) responded. There is no appeal of the determination regarding the treating doctor.

DECISION

The hearing officer’s decision is affirmed.

Conflicting evidence was presented on the appealed issues. 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 determinations on the issues of disability and an offer of a bona fide position of employment 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 hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is AMCOMP ASSURANCE CORPORATION and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS STREET, SUITE 330

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Gary L. Kilgore – Appeals Judge