Title: 

APD 022593

Significant Decision

Date: 

November 26, 2002

Issues: 

Extent of Injury

Table of Contents

APD 022593

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 17, 2002. The hearing officer determined that the respondent’s (claimant) compensable injury of ___________, includes an injury to the left knee. The appellant (carrier) appeals the determination on sufficiency of the evidence grounds. The appeal file does not contain a response to the carrier’s appeal from the claimant.

DECISION

Affirmed.

The hearing officer did not err in determining that the compensable injury of ___________, includes an injury to the left knee. That determination 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)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s extent-of-injury determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb that 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 carrier is TEXAS PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION for Reliance National Indemnity Company, an impaired carrier and the name and address of its registered agent for service of process is

MARVIN KELLY, EXECUTIVE DIRECTOR

9120 BURNET ROAD

AUSTIN, TEXAS 78758.

Elaine M. Chaney

CONCUR:

Gary L. Kilgore – Appeals Judge

Margaret L. Turner – Appeals Judge