Title: 

APD 030387

Significant Decision

Date: 

March 21, 2003

Issues: 

Compensability-Occupationl Inj, Date of Injury, Timely Filing Claim W/TDI WC, Timely Reporting to Employer

Table of Contents

APD 030387

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 January 27, 2003. The hearing officer determined that the appellant (claimant) did not sustain a compensable repetitive trauma injury; that the date of injury is ____________; that the respondent (carrier) is not relieved from liability under Section 409.002 as the claimant timely reported her injury to the employer pursuant to Section 409.001; and that the carrier is relieved from liability under Section 409.004 because of the claimant’s failure to timely file a claim with the Texas Workers’ Compensation Commission as required by Section 409.003. The claimant appealed the hearing officer’s determinations regarding injury, date of injury, and timely filing on sufficiency of the evidence grounds. The carrier responded, urging affirmance. The hearing officer’s determination that the carrier is not relieved of liability under Section 409.002 is unappealed and has become final. Section 410.169.

DECISION

Affirmed.

We have reviewed the complained-of determinations and find that the hearing officer’s Decision and Order is supported by sufficient evidence to be affirmed. The disputed issues presented questions of fact for the hearing officer. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a); Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). There was conflicting evidence presented on the disputed issues. It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). 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 TRAVELERS INDEMNITY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Daniel R. Barry – Appeals Judge

CONCUR:

Robert W. Potts – Appeals Judge

Edward Vilano – Appeals Judge