Title: 

APD 012761

Significant Decision

Date: 

December 19, 2001

Issues: 

Unavailable

Table of Contents

APD 012761

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 begun on August 20, 2001, but was rescheduled for and held on October 23, 2001, with the record closing on that date. The hearing officer determined that the claimed date of injury was __________; that the claimant did not sustain an injury on __________, in the course and scope of employment; and that the claimant did not sustain disability as a result of an injury. The claimant appeals on sufficiency of the evidence grounds. The carrier replied, and urges that the decision and order of the hearing officer be affirmed.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant did not sustain a compensable injury in the course and scope of his employment and that he did not have disability. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). There was conflicting evidence presented on the disputed issues. The hearing officer resolved the conflicts and inconsistencies in the evidence against the claimant, and she was acting within her role as the fact finder in determining that the claimant did not sustain his burden of proof on the disputed issues. Nothing in our review of the record indicates that the challenged determinations are so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb those determinations on appeal. Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986); Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is WAUSAU BUSINESS INSURANCE CORPORATION and the name and address of its registered agent for service of process is

C. T. CORPORATION SYSTEM

ATTN: RICK KNIGHT

350 ST. PAUL

DALLAS, TEXAS 75201.

Michael B. McShane – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Robert W. Potts – Appeals Judge