Title: 

APD 032181

Significant Decision

Date: 

October 1, 2003

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 032181

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 July 16, 2003. The hearing officer determined that the appellant (claimant) has not had disability as a result of her ______________, compensable injury. The claimant appeals, asserting that she has in fact had disability. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

The hearing officer did not err in making the complained-of determination. The determination involved a question 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 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

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

PARKER W. RUSH

1445 ROSS AVENUE, SUITE 4200

DALLAS, TEXAS 75202-2812.

Edward Vilano – Appeals Judge

CONCUR:

Robert W. Potts – Appeals Judge

Margaret L. Turner – Appeals Judge