Title: 

APD 031202

Significant Decision

Date: 

June 26, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 031202

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on April 29, 2003. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable low back injury on _____________, and that the claimant had disability beginning March 19, 2002, and continuing through the date of the CCH. The appellant (carrier) appeals, arguing that the determinations are against the great weight and preponderance of the evidence. The claimant responds, urging affirmance.

DECISION

Affirmed.

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)). The hearing officer, in his discussion, sets out the reasoning for his decision. We have reviewed the complained-of determinations and conclude that the hearing officer correctly applied the law as set out in his discussion and that the factual determinations on compensability and disability are supported by the evidence and are not so against the great weight and preponderance of the evidence as to be clearly wrong and 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 AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Margaret L. Turner

CONCUR:

Chris Cowan – Appeals Judge

Veronica L. Ruberto – Appeals Judge