Title: 

APD 022534

Significant Decision

Date: 

November 7, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 022534

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 12, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on or about _____________, and that, since the claimant had no compensable injury, he had no disability. The claimant appeals on evidentiary sufficiency grounds. The respondent (self-insured) responds, urging affirmance. The hearing officer’s determinations that the claimant timely reported an alleged injury and that the claimant is not barred from recovery under the 1989 Act pursuant to the election of remedies doctrine have not been appealed and are final. Section 410.169.

DECISION

Affirmed.

The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer reviewed the record and resolved what facts were established. We conclude that the hearing officer’s determinations are sufficiently supported by the record and are not 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).

We affirm the decision and order of the hearing officer.

The true corporate name of the self-insured is (SELF-INSURED) and the name and address of its registered agent for service of process is

CITY SECRETARY

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Michael B. McShane

CONCUR:

Veronica L. Ruberto – Appeals Judge

Robert W. Potts – Appeals Judge