Title: 

APD 013217

Significant Decision

Date: 

February 19, 2002

Issues: 

Extent of Injury

Table of Contents

APD 013217

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 December 5, 2001. The hearing officer determined that (1) the compensable injury of _____________, and/or _____________, was a producing cause of the appellant’s (claimant) left knee condition after _____________; (2) the compensable injury of _____________, does not extend to include an aggravation of the osteoarthritis in the claimant’s left knee; and (3) the claimant did not have disability as a result of the compensable injury of _____________. The claimant appeals the hearing officer’s determinations on sufficiency grounds. No responses were filed.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determinations. The claimant essentially asserts that the compensable injury of _____________, extended to include an aggravation of the preexisting osteoarthritis in his left knee and resulted in disability. The complained-of determinations involved questions of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s determinations are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

The true corporate name of the carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

SUPERINTENDENT

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

The true corporate name of the carrier is ROYAL INDEMNITY COMPANY and the name and address of its registered agent for service of process is

CORPORATE SERVICES COMPANY

800 BRAZOS STREET

AUSTIN, TEXAS 78701.

Edward Vilano – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Michael B. McShane – Appeals Judge