Title: 

APD 022763

Significant Decision

Date: 

December 12, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 022763

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 October 9, 2002. The hearing officer determined that the appellant (claimant) sustained a compensable injury on _____________, and had disability from June 19 through July 9, 2002. The claimant appeals the determination that disability ended on July 9, 2002. The respondent (carrier) urges affirmance of the hearing officer’s decision.

DECISION

Affirmed.

Whether and when the claimant had disability resulting from the compensable injury are questions of fact to be determined by the hearing officer. Section 410.165(a) provides that the contested case hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. It was for the hearing officer, as trier of fact, to resolve the inconsistencies and conflicts in the evidence. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701, 702 (Tex. Civ. App.-Amarillo 1974, no writ). The Work Status Report (TWCC-73) in evidence indicates that the claimant was taken off work through July 9, 2002, with a diagnosis of lumbar sprain. Nothing in our review of the record indicates that the hearing officer’s decision is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order is affirmed.

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

CORPORATE SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Chris Cowan

CONCUR:

Susan M. Kelley – Appeals Judge

Thomas A. Knapp – Appeals Judge