Title: 

APD 030905

Significant Decision

Date: 

May 22, 2003

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 030905

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 March 12, 2003. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury and did not have disability. The claimant appeals the compensability determination. The carrier urges affirmance of the compensability determination. The disability determination was not appealed and is now final. Section 410.169.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determination. The determination involved a question of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence including the medical evidence. (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s determination 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 decision and order of the hearing officer are affirmed.

The true corporate name of the self-insured is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

SA

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Edward Vilano

CONCUR:

Veronica L. Ruberto – Appeals Judge

Robert W. Potts – Appeals Judge