Title: 

APD 030108

Significant Decision

Date: 

February 24, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 030108

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 December 16, 2002. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on ____________, and that he had disability from May 10, 2001, through September 30, 2001, and from November 1, 2001, through June 5, 2002. The appellant (carrier) appealed the hearing officer’s decision and the claimant responded.

DECISION

Affirmed.

The claimant had the burden to prove that he sustained a compensable injury as defined by Section 401.011(10) and that he had disability as defined by Section 401.011(16). Conflicting evidence was presented at the CCH on the disputed issues. 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. We conclude that the hearing officer’s determinations on the disputed issues are supported by sufficient evidence and are not 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 are affirmed.

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

C.J. FIELDS

5910 NORTH CENTRAL EXPRESSWAY, SUITE 508

DALLAS, TEXAS 75206.

Robert W. Potts

CONCUR:

Thomas A. Knapp – Appeals Judge

Roy L. Warren – Appeals Judge