Title: 

APD 031696

Significant Decision

Date: 

August 15, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 031696

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 June 3, 2003. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury on ______________, and that she did not have disability. The claimant appealed on sufficiency of the evidence grounds and asserts that she did not receive proper legal representation. The respondent (carrier) responds, urging affirmance.

DECISION

Affirmed.

The claimant had the burden to prove that she sustained a compensable injury as defined by Section 401.011(10) and that she had disability as defined by Section 401.011(16). Conflicting evidence was presented at the CCH on the disputed issues. The hearing officer commented in the Statement of Evidence that he did not find the claimant’s testimony and medical evidence credible. 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 determinations on the appealed issues are supported by sufficient evidence and are 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, 176 (Tex. 1986).

The claimant also complained generally of her attorney’s representation. We note that the Appeals Panel does not have jurisdiction to address such contentions, which are essentially matters between a claimant and her attorney. See Texas Workers’ Compensation Commission Appeal No. 94030, decided February 15, 1994.

The claimant argues that the hearing officer exhibited bias against her and in favor of the carrier. Our review of the record does not reveal any bias against the claimant or in favor of the carrier. A hearing officer’s weighing of the evidence so as to rule in favor of one party and against another is not, in and of itself, evidence of bias. Texas Workers’ Compensation Commission Appeal No. 941105, decided September 29, 1994. We perceive no error.

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is ST. PAUL FIRE AND MARINE INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Veronica L. Ruberto

CONCUR:

Judy L. S. Barnes – Appeals Judge

Elaine M. Chaney – Appeals Judge