Title: 

APD 030145

Significant Decision

Date: 

March 6, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 030145

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 13, 2002. The hearing officer determined that respondent (claimant) sustained a compensable injury on __________, and that he had disability from July 17, 2002, through the date of the hearing. Appellant (carrier) appealed these determinations on sufficiency grounds. The file does not contain a response from claimant.

DECISION

We affirm.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record, considered the issues raised by carrier regarding claimant’s credibility, and decided what facts were established. The hearing officer found claimant to be a credible witness. We conclude that the hearing officer’s determinations are supported by the record and 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).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is UTICA MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

RICHARD A. MAYER

11910 GREENVILLE AVENUE, SUITE 600

DALLAS, TEXAS 75243-9332.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Roy L. Warren – Appeals Judge