Title: 

APD 030413

Significant Decision

Date: 

March 24, 2003

Issues: 

Date of Injury, Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 030413

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 21, 2003. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury; that the date of the claimed injury is ______________; that the claimant did not give timely notice of the claimed injury to the employer; and that the claimant did not have disability. The claimant appeals this decision. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in making the complained-of determinations. Conflicting evidence was presented at the hearing on the disputed issues in this case. 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 from the evidence presented. Nothing in our review of the record indicates that the hearing officer’s decision 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 hearing officer’s decision and order is affirmed.

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

JIM ADAMS, ATTORNEY

450 GEARS ROAD, SUITE 500

HOUSTON, TEXAS 77067.

Chris Cowan

CONCUR:

Thomas A. Knapp – Appeals Judge

Roy L. Warren – Appeals Judge