Title: 

APD 040033

Significant Decision

Date: 

February 25, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 040033

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 9, 2003. The hearing officer determined that the respondent (claimant) sustained a compensable injury on _____________, and had disability on July 15 and from July 17 through October 29, 2003. The appellant (self-insured) appeals these determinations. The appeal file contains no response from the claimant.

DECISION

Affirmed.

The disputed issues in this case involved factual questions 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 including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). It was the hearing officer’s prerogative to believe all, part, or none of the testimony of any witness, including that of the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). 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 or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). We perceive no error in the hearing officer’s reliance on our decision in Texas Workers’ Compensation Appeal No. 990252, decided March 25, 1999.

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is self-insured through the Texas Association of Counties Workers’ Compensation Self-Insurance Fund and the name and address of its registered agent for service of process is

EXECUTIVE DIRECTOR

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Chris Cowan – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Margaret L. Turner – Appeals Judge