Title: 

APD 022535

Significant Decision

Date: 

November 4, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 022535

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 24, 2002. The hearing officer determined that the appellant/cross-respondent (claimant) sustained a compensable injury on _____________, in the form of a contusion to the left knee. Both parties appeal that determination. In addition, the claimant also appeals the hearing officer’s determination that the claimant did not have disability as a result of the compensable injury of _____________. The respondent/cross-appellant (carrier) files a response to the claimant’s appeal, urging affirmance of the determination that the claimant’s injury, if any, is limited to a left knee contusion and requesting affirmance of the disability determination.

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 hearing officer’s decision and order.

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

GARY SUDOL

9330 LBJ FREEWAY, SUITE 1200

DALLAS, TEXAS 75243.

Michael B. McShane – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Veronica L. Ruberto – Appeals Judge