Title: 

APD 040975

Significant Decision

Date: 

June 7, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 040975

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on April 14, 2004. The hearing officer determined that the respondent (claimant) sustained a compensable injury on _____________, and that she had disability from April 28 through May 4, 2003, and from June 3 through September 12, 2003, due to the compensable injury. The appellant (self-insured) appealed, arguing that the hearing officer’s determinations are against the great weight and preponderance of the evidence. The claimant responded, urging affirmance.

DECISION

Affirmed.

The claimant had the burden to prove that she sustained a compensable injury as defined by Section 401.011(10) and that she had disability as defined by Section 401.011(16). Conflicting evidence was presented at the CCH on the issue of whether the claimant sustained a compensable injury. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. Nothing in our review of the record reveals that the hearing officer’s determinations are so contrary to the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. As such, no sound basis exists for us to reverse those determinations on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

JG

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Veronica L. Ruberto – Appeals Judge

CONCUR:

Robert W. Potts – Appeals Judge

Margaret L. Turner – Appeals Judge