Title: 

APD 040572

Significant Decision

Date: 

May 6, 2004

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 040572

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 February 9, 2004. The hearing officer decided that the appellant (claimant) did not have disability from September 10, 2003, through the date of the hearing. The claimant appeals this determination on sufficiency of the evidence grounds. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant did not have disability from September 10, 2003, through the date of the hearing. This determination involved 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, including the medical evidence (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 determination 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).

The claimant appears to complain that the hearing officer did not consider his MRI report in reaching a decision in this case. We note that the claimant’s MRI report was admitted at the hearing as part of Claimant’s Exhibit A. Nothing in our review indicates that the hearing officer failed to fully consider the evidence before her. Accordingly, we perceive no error.

The decision and order of the hearing officer is affirmed.

The true corporate name of the insurance carrier is ROYAL INSURANCE COMPANY OF AMERICA and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS STREET, SUITE 750

AUSTIN, TEXAS 78701.

Edward Vilano

CONCUR:

Elaine M. Chaney – Appeals Judge

Chris Cowan – Appeals Judge