Title: 

APD 020250

Significant Decision

Date: 

March 6, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 020250

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 January 4, 2002. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury on ____________, and that the claimant has not had disability. The claimant appealed and the respondent (carrier) responded.

DECISION

The hearing officer’s decision is affirmed.

A “compensable injury” is defined in Section 401.011(10). The claimant had the burden to prove that she was injured during the course and scope of her employment. The claimant testified that on ____________, while she was working as a hotel housekeeper, a guest slammed a door on her hand. Conflicting evidence was presented at the CCH on the disputed issues. 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 found that the claimant did not sustain an injury in the course and scope of her employment on ____________, and that the claimant failed to prove that her inability to obtain and retain employment at wages equivalent to her preinjury wage was a result of her claimed injury. The hearing officer concluded that the claimant did not sustain a compensable injury and that she has not had disability. Without a compensable injury, the claimant would not have disability as defined by Section 401.011(16). 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 ZURICH AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is

GEORGE MICHAEL JONES

9330 LBJ FREEWAY, SUITE 1200

DALLAS, TEXAS 75243.

Robert W. Potts – Appeals Judge

CONCUR:

Terri Kay Oliver – Appeals Judge

Philip F. O’Neill – Appeals Judge