Title: 

APD 020065

Significant Decision

Date: 

February 28, 2002

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 020065

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on December 11, 2001. The hearing officer resolved the disputed issue by deciding that due to the compensable left ankle injury of _______________, the respondent (claimant) had disability, as defined by Section 401.011(16), from June 25, 2001, through November 11, 2001. The appellant (carrier) appealed. No response was received from the claimant.

DECISION

The hearing officer’s decision is affirmed.

Conflicting evidence was presented at the CCH on the disputed disability issue. 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. 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. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is ACE USA/OR and the name and address of its registered agent for service of process is

MARCUS MERRITT

CLAIMS VICE PRESIDENT

ACE USA

6600 CAMPUS CIRCLE DRIVE EAST

SUITE 200

IRVING, TEXAS 75063.

Robert W. Potts – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Terri Kay Oliver – Appeals Judge