Title: 

APD 031532

Significant Decision

Date: 

July 29, 2003

Issues: 

Extent of Injury

Table of Contents

APD 031532

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 15, 2003. The hearing officer decided that the appellant’s (claimant) compensable injury does not extend to a medial meniscus tear of the right knee. The claimant appealed the hearing officer’s determination. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determination. 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 ZURICH AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is

GARY SUDOL

9330 LBJ FREEWAY, STE 1200

DALLAS, TEXAS 75243.

Gary L. Kilgore

CONCUR:

Veronica L. Ruberto – Appeals Judge

Edward Vilano – Appeals Judge