Title: 

APD 032654

Significant Decision

Date: 

December 1, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 032654

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 September 2, 2003. The hearing officer resolved the disputed issues by deciding that the appellant’s (claimant) compensable injury of _____________, does not include an injury to the right shoulder, and that she did not have disability resulting from the injury she sustained on _____________. The claimant appealed the hearing officer’s decision, and the respondent (self-insured) responded.

DECISION

Affirmed.

Conflicting evidence was presented with regard to the extent of the claimant’s compensable injury and whether she had disability. 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. Although there is conflicting evidence in this case, we conclude that 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 (Tex. 1986).

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

CITY SECRETARY

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Robert W. Potts – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Edward Vilano – Appeals Judge