Title: 

APD 023257

Significant Decision

Date: 

February 12, 2003

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 023257

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 26, 2002. The hearing officer determined that (1) the compensable injury of ____________, extended to and included chondromalacia of the left patella and a torn lateral meniscus in the right knee; and (2) the respondent (claimant) had disability from February 14, 2002, through the date of the hearing. The appellant (carrier) 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 STAR INSURANCE COMPANY and the name and address of its registered agent for service of process is

STAR INSURANCE COMPANY

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET, SUITE 2900

DALLAS, TEXAS 75201.

Edward Vilano – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Terri Kay Oliver – Appeals Judge