Title: 

APD 020156

Significant Decision

Date: 

March 13, 2002

Issues: 

Entitlmnt/Lifetime Income Ben

Table of Contents

APD 020156

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 January 8, 2002. The hearing officer determined that the appellant (claimant) is not entitled to lifetime income benefits. On appeal, the claimant expresses general disagreement with this determination. The appeal file contains no response from the respondent (carrier).

DECISION

Affirmed.

The matter complained of by the claimant on appeal involves credibility and fact issues, which were for the hearing officer to resolve. Section 410.165(a) provides that the contested case hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. We have reviewed the complained-of determination and conclude that it is not 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, 176 (Tex. 1986).

The decision and order of the hearing are affirmed.

The true corporate name of the self-insured is (SELF-INSURED) and the name and address of its registered agent for service of process is

RS

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Chris Cowan – Appeals Judge

CONCUR:

Michael B. McShane – Appeals Judge

Philip F. O’Neill – Appeals Judge