Title: 

APD 020663

Significant Decision

Date: 

April 24, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 020663

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 February 20, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ____________, and that she did not have disability. The claimant appeals, arguing that the hearing officer erred in her determinations on the issues of compensability and disability. The respondent (carrier) responds, urging affirmance.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determinations. Both issues involved questions of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the conflicting evidence presented, we cannot conclude that the hearing officer’s determinations are 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 (Tex. 1986).

We affirm the decision and order of the hearing officer.

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

GAIL L. ESTES

1525 NORTH INTERSTATE 35E

SUITE 220

CARROLLTON, TEXAS 75006.

Michael B. McShane – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Edward Vilano – Appeals Judge