Title: 

APD 012079

Significant Decision

Date: 

October 11, 2001

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 012079

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 August 14, 2001. The hearing officer resolved the disputed issues by determining that the respondent (claimant) sustained a compensable injury on _____________, and that she had disability beginning on May 29, 2001, and continuing through the date of the hearing. The appellant (carrier) appealed, asserting that the claimant did not sustain her burden of proof, and the claimant responded urging affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant sustained a compensable injury and that she had disability as a result. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The claimant testified and submitted medical evidence as to her injury and disability. The carrier attempted to discredit the claimant’s testimony, but it appears that the hearing officer found her to be credible. The hearing officer’s decision is supported by sufficient evidence and it 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 AMERICAN CASUALTY COMPANY OF READING, PA and the name and address of the registered agent for service of process is

CT CORPORATION

350 NORTH ST. PAUL

DALLAS, TEXAS 75201.

Susan M. Kelley – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Michael B. McShane – Appeals Judge