Title: 

APD 011726

Significant Decision

Date: 

September 9, 2001

Issues: 

Disabilty/Existence-Duration, Employment Relationshp-Exstnce, Existence of Compensable Inj

Table of Contents

APD 011726

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on June 20, 2001. The hearing officer resolved the disputed issues by determining that employer was the respondent’s (claimant) employer for workers’ compensation purposes on December 8, 2000; that the claimant sustained a compensable injury on __________; and that the claimant had disability from December 9, 2000, through the date of the CCH. The appellant (carrier) appeals and the claimant responds.

DECISION

The hearing officer’s decision is affirmed.

The hearing officer did not err in determining that the claimant was an employee of the employer for workers’ compensation purposes on December 8, 2000; that the claimant sustained a compensable injury on __________; and that the claimant has had disability from December 9, 2000, through the date of the CCH, June 20, 2001. Section 401.012(a) defines “employee,” Section 401.011(18) defines “employer,” Section 401.011(10) defines “compensable injury,” and Section 401.011(16) defines “disability.” Conflicting evidence was presented on the disputed issues. 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 from the evidence presented. 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.

The hearing officer’s decision and order are affirmed.

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

GEORGE MICHAEL JONES

9330 LBJ FREEWAY, SUITE 1200

DALLAS, TEXAS 75243.

Robert W. Potts – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Elaine M. Chaney – Appeals Judge