Title: 

APD 012608

Significant Decision

Date: 

December 12, 2001

Issues: 

Unavailable

Table of Contents

APD 012608

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 September 26, 2001. On various claimed sequelae of a compensable injury, the hearing officer ruled in favor of the cross-respondent (claimant) on some conditions and in favor of the appellant/cross-respondent (carrier) on others. The carrier appeals the hearing officer’s determinations that the compensable injury of ___________, is a producing cause of the claimant’s depression, post-traumatic stress disorder, and conversion disorder. The claimant appeals the hearing officer’s determinations that the compensable injury of ___________, is not a producing cause of the claimant’s hypothyroidism, blurry vision, cervical and lumbar herniation and bulges and early menopause.

DECISION

Affirmed.

The hearing officer has set out in a good summary the evidence presented in the case. Clearly, there was conflicting evidence regarding the claimant’s injuries. 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. An appeals-level body is not a fact finder, and does not normally pass upon the credibility of witnesses or substitute its own judgment for that of the trier of fact, even if the evidence would support a different result. National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Soto, 819 S.W.2d 619, 620 (Tex. App.-El Paso 1991, writ denied); American Motorists Insurance Co. v. Volentine, 867 S.W.2d 170 (Tex. App.- Beaumont 1993, no writ). 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. Atlantic Mutual Insurance Company v. Middleman, 661 S.W.2d 182 (Tex. App.-San Antonio 1983, writ ref’d n.r.e.).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Susan M. Kelley – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Thomas A. Knapp – Appeals Judge