Title: 

APD 010777

Significant Decision

Date: 

May 30, 2001

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 010777

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 March 26, 2001. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury to his neck on __________, and that the claimant had disability from August 19 through September 11, 2000. The appellant (carrier) appealed and the claimant responded.

DECISION

The hearing officer’s decision is affirmed.

The hearing officer did not err in determining that the claimant sustained a compensable injury to his neck on __________, and that the claimant had disability as a result of his compensable injury of __________, from August 19 through September 11, 2000. The hearing officer’s decision is supported by the claimant’s testimony, statements of witnesses, and reports of the claimant’s treating doctor and referral doctor. 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. 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).

The hearing officer’s decision and order are affirmed.

Robert W. Potts – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Philip F. O’Neill – Appeals Judge