Title: 

APD 022589

Significant Decision

Date: 

November 15, 2002

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 022589

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 10, 2002. The hearing officer determined that the appellant (claimant) did not have disability due to his compensable injury of ______________, from ______________, through the date of the hearing. The claimant appeals that determination on sufficiency grounds. In its response, the respondent (carrier) urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant did not have disability. The issue of whether the claimant had disability presented a question of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the fact finder, the hearing officer resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer was not persuaded that the claimant sustained his burden of proving that he had disability as a result of his compensable injury. Nothing in our review of the record reveals that the hearing officer’s determination in that regard is so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to reverse the challenged determination on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

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

C.J. FIELDS

5910 NORTH CENTRAL EXPRESSWAY

DALLAS, TEXAS 75206.

Elaine M. Chaney

CONCUR:

Gary L. Kilgore – Appeals Judge

Thomas A. Knapp – Appeals Judge