Title: 

APD 020292

Significant Decision

Date: 

March 5, 2002

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 020292

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 17, 2002. The hearing officer determined that the respondent (claimant) had disability beginning on May 14, 2001, and continuing through the date of the hearing, as a result of the compensable injury sustained on March 16, 2001. The appellant (carrier) appeals on sufficiency grounds. The claimant replied, urging affirmance.

DECISION

Affirmed.

The determination as to a claimant’s disability is a question of fact for the hearing officer. 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 we 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).

We affirm the decision and order of the hearing officer.

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

C T CORPORATION SYSTEMS

350 NORTH ST. PAUL STREET, SUITE 2900

DALLAS, TEXAS 75201.

Michael B. McShane – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Robert W. Potts – Appeals Judge