Title: 

APD 031759

Significant Decision

Date: 

August 25, 2003

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration, Timely Reporting to Employer

Table of Contents

APD 031759

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 June 9, 2003. The hearing officer decided that the respondent (claimant herein) sustained a compensable injury in the form of an occupational disease; that the date of injury was _______________; that the claimant timely reported her injury to her employer; and that the claimant had disability from December 27, 2001, through January 3, 2003. The appellant (carrier herein) files a request for review in which it argues that these determinations were not supported by the evidence. There is no response to the carrier’s request for review in the appeal file.

DECISION

Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.

The issues before the hearing officer regarded injury, date of injury, timely report of injury, and disability. Each of these issues turned upon factual questions. Conflicting evidence was presented regarding the issues. 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 from the evidence presented. The hearing officer’s decision is supported by sufficient evidence and 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, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750

AUSTIN, TEXAS 78701.

Gary L. Kilgore

CONCUR:

Chris Cowan – Appeals Judge

Veronica L. Ruberto – Appeals Judge