Title: 

APD 031498

Significant Decision

Date: 

July 30, 2003

Issues: 

Compensability/Mental Trauma

Table of Contents

APD 031498

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 May 20, 2003. The hearing officer resolved the disputed issue by deciding that the appellant (claimant) did not sustain a compensable mental trauma injury. The claimant appealed. No response was received from the respondent (carrier).

DECISION

Affirmed as reformed herein.

We reform the hearing officer’s decision to reflect that the report from Dr. M that is discussed in the Statement of the Evidence portion of the decision is dated June 28, 2002, and not July 28, 2002.

The claimant had the burden to prove that she sustained a compensable mental trauma injury. Conflicting evidence was presented on the disputed issue. 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. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

As reformed herein, we affirm the hearing officer’s decision and order.

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

DOROTHY LANGLEY

10000 NORTH CENTRAL EXPRESSWAY

DALLAS, TEXAS 75265.

Robert W. Potts

CONCUR:

Elaine M. Chaney – Appeals Judge

Gary L. Kilgore – Appeals Judge