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At a Glance:
Title:
APD 020083
Date:
February 12, 2002

APD 020083

February 12, 2002

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 13, 2001. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury in the form of a left inguinal hernia; that the claimant does not have disability; that the claimant timely notified his employer of his claimed injury; and that ___________, is the date of the alleged injury. The claimant appealed the hearing officer’s determinations that he did not sustain a compensable injury in the form of a left inguinal hernia and that he has not had disability. The respondent (carrier) responded. There is no appeal of the hearing officer’s determinations that the claimant timely notified his employer of his claimed injury and that ___________, is the date of the alleged injury.

DECISION

The hearing officer’s decision is affirmed.

COMPENSABLE INJURY ISSUE

Section 401.011(10) defines a “compensable injury” as “an injury that arises out of and in the course and scope of employment for which compensation is payable under this subtitle.” The claimant had the burden to prove that he was injured during the course and scope of his employment. Johnson v. Employers Reinsurance Corporation, 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). Conflicting evidence was presented on this 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 that the claimant did not sustain a compensable injury in the form of a left inguinal hernia 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).

DISABILITY ISSUE

Section 401.011(16) defines “disability” as “the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.” The hearing officer did not err in determining that the claimant has not had disability because, without a compensable injury, the claimant would not have disability as defined by Section 401.011(16).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is LIBERTY MUTUAL FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH SAINT PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Robert W. Potts
Appeals Judge

CONCUR:

Susan M. Kelley
Appeals Judge

Terri Kay Oliver
Appeals Judge

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