Title: 

APD 032861

Significant Decision

Date: 

December 3, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 032861

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 October 17, 2003. The hearing officer resolved the disputed issues by deciding that on _____________, the appellant (claimant) did not sustain a compensable injury and that the claimant has not had disability. The claimant appealed, arguing that the hearing officer’s determinations are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

The compensability and disability issues in this case involved factual questions 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). He resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer noted that, “the claimant is not credible that the alleged injury occurred” and that the “medical evidence is not persuasive.” Nothing in our review of the record indicates that the hearing officer’s injury and disability determinations are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb those determinations on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the decision and order of the hearing officer.

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

CORPORATION SERVICE COMPANY

701 BRAZOS STREET, SUITE 1050

AUSTIN, TEXAS 75701.

Margaret L. Turner

CONCUR:

Gary L. Kilgore – Appeals Judge

Edward Vilano – Appeals Judge