Title: 

APD 031063

Significant Decision

Date: 

June 12, 2003

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 031063

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 31, 2003. The hearing officer determined that the respondent (claimant) had disability from May 25 through July 5, 2002, and August 29, 2002, through the date of the hearing. The appellant (carrier) appeals this determination on sufficiency of the evidence grounds. The claimant did not file a response.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant had disability from May 25 through July 5, 2002, and August 29, 2002, through the date of the hearing. The determination involved questions 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 insurance carrier is AMCOMP ASSURANCE CORPORATION and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 330

AUSTIN, TEXAS 78701.

Edward Vilano

CONCUR:

Elaine M. Chaney – Appeals Judge

Chris Cowan – Appeals Judge