Title: 

APD 023266

Significant Decision

Date: 

February 12, 2003

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 023266

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 12, 2002. The hearing officer determined that the respondent (claimant) had disability from July 12 through November 3, 2002. The appellant (carrier) appeals that determination. There is no response from the claimant contained in our file.

DECISION

Affirmed.

Whether the claimant had disability was a factual question for the hearing officer to resolve. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence, as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they 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); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We have reviewed the matters complained of on appeal and conclude that the hearing officer’s decision is supported by sufficient evidence.

We affirm the decision and order of the hearing officer.

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

CORPORATION SERVICES COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Roy L. Warren – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Chris Cowan – Appeals Judge