Title: 

APD 023056

Significant Decision

Date: 

January 15, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 023056

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 November 5, 2002. The hearing officer determined that (1) the respondent (claimant) was injured in the course and scope of his employment when he was involved in a motor vehicle accident on ___________; and (2) the claimant had disability beginning February 26, 2002, and continuing through the date of the hearing. The appellant (self-insured) appeals these determinations on sufficiency of the evidence grounds. The claimant urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determinations. The determinations involved questions 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 determinations are 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, 176 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

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

RD

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Edward Vilano

CONCUR:

Susan M. Kelley – Appeals Judge

Gary L. Kilgore – Appeals Judge