Title: 

APD 030699

Significant Decision

Date: 

April 30, 2003

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 030699

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 February 24, 2003. The hearing officer decided that the respondent (claimant) sustained a compensable repetitive trauma injury with a date of injury of ___________, and that he had disability from July 9, 2002, through February 24, 2003. The appellant (carrier) appeals this decision. The appeal file contains no response from the claimant.

DECISION

Affirmed.

Whether the claimant’s work activities were sufficiently repetitive to cause a compensable injury and whether the injury rendered the claimant unable to obtain or retain employment at his preinjury wage were factual determinations for the hearing officer to resolve. It was the hearing officer’s prerogative to believe all, part, or none of the testimony of any witness, including that of the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). The hearing officer found for the claimant on these disputed issues and such findings are supported by the claimant’s testimony and the medical evidence. Nothing in our review of the record indicates that the hearing officer’s decision requires reversal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

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

HAROLD FISHER-PRESIDENT

3420 EXECUTIVE CENTER DRIVE, SUITE 200

AUSTIN, TEXAS 78731.

Chris Cowan – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Gary L. Kilgore – Appeals Judge