Title: 

APD 012701

Significant Decision

Date: 

December 19, 2001

Issues: 

Unavailable

Table of Contents

APD 012701

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 20, 2001. The appellant (claimant) appeals the hearing officer’s determinations that he did not sustain a compensable injury on __________, and that he had no disability from a compensable injury. The respondent (carrier) responds, urging affirmance.

DECISION

The hearing officer’s decision is affirmed.

The claimant testified that he sustained an injury when some boxes fell on him at work. The carrier offered evidence that the claimant’s job performance had been unsatisfactory and that he was on the verge of being terminated the week that he claimed an injury. Conflicting evidence was provided regarding whether the claimant sustained a compensable injury. 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 determined that the claimant did not sustain a compensable injury. Without a compensable injury, the claimant would not have disability as defined by Section 401.011(16). 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. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).

The hearing officer’s decision and order are affirmed.

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

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Susan M. Kelley – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Philip F. O’Neill – Appeals Judge