Title: 

APD 013215

Significant Decision

Date: 

February 15, 2002

Issues: 

Course & Scope of Employment, Extent of Injury

Table of Contents

APD 013215

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 December 6, 2001. The hearing officer determined that the injury claimed by the appellant (claimant) did not arise from the act of a third person who intended to injure the claimant due to personal reasons; that the act of the third person was directed toward to the claimant because of his employment; and that the _______________, injury does not include shingles and blurred vision in the right eye. On appeal, the claimant expresses disagreement with the extent-of-injury determination. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

The matters complained of by the claimant concern credibility and fact issues, which were for the hearing officer to resolve. 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. We have reviewed the complained-of determinations and we conclude that they 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).

The decision and order of the hearing are affirmed.

The true corporate name of the carrier is SECURITY INSURANCE COMPANY OF HARTFORD and the name and address of its registered agent for service of process is

CORPORATION SERVICES COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Chris Cowan – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Robert W. Potts – Appeals Judge