Title: 

APD 020747

Significant Decision

Date: 

May 10, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Reporting to Employer

Table of Contents

APD 020747

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 March 7, 2002. The hearing officer determined that the respondent (claimant) sustained a compensable injury on _____________; that the claimant reported the injury to her employer within 30 days of its occurrence; and that the claimant had disability from October 16, 2001, through the date of the hearing. The appellant (self-insured) argues on appeal that these determinations are not supported by the evidence or, alternatively, are against the great weight of the evidence. The claimant urges affirmance.

DECISION

Affirmed.

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. When reviewing a hearing officer’s decision for factual sufficiency of the evidence, we should reverse such decision only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). We have reviewed the complained-of matters and conclude that the hearing officer’s decision is supported by sufficient evidence.

The decision and order of the hearing officer are affirmed.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

RM

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Michael B. McShane – Appeals Judge

CONCUR:

Daniel R. Barry – Appeals Judge

Elaine M. Chaney – Appeals Judge