Title: 

APD 022658

Significant Decision

Date: 

December 4, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 022658

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 respondent (claimant) sustained a compensable knee injury and had disability therefrom. The appellant (carrier) appeals and recites facts that it argues weigh against the decision; the claimant responds that the decision is supported by sufficient evidence in the record.

DECISION

Affirmed.

Essentially, the carrier complains of the weight assigned by the hearing officer to the evidence. The decision should not be set aside because different inferences and conclusions may be drawn upon review, even when the record contains evidence that would lend itself to different inferences. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). In considering all the evidence in the record, we cannot agree that the findings of the hearing officer are so against the great weight and preponderance of the evidence as to be manifestly wrong and unjust. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We therefore affirm the decision and order.

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

JAMES W. FISHER

8111 LBJ FREEWAY

DALLAS, TEXAS 75251.

Susan M. Kelley – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Margaret L. Turner – Appeals Judge