Title: 

APD 021054

Significant Decision

Date: 

June 12, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 021054

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 April 3, 2002. The hearing officer determined (1) that the respondent (claimant) sustained a compensable injury on ____________; (2) that the compensable injury includes depression and post-traumatic stress disorder (PTSD) but does not include an injury to the low back; and (3) that the claimant had disability from May 30 through October 29, 2001. There was no appeal of the hearing officer’s determination that the compensable injury did not extend to the low back.

The appellant (carrier) appeals the determinations that the PTSD and depression are compensable and that the claimant had disability. The claimant responds, urging affirmance.

DECISION

Affirmed.

There was conflicting evidence presented at the hearing on the issues. The hearing officer weighed the credibility and inconsistencies in the evidence and the hearing officer’s determination on the issues 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).

Contrary to the carrier’s contention, the fact that the hearing officer found that the claimant did not injure his back does not mean that the hearing officer necessarily Arejected the entire testimony regarding the mechanism of injury. We have frequently held that the hearing officer could believe all, part, or none of the testimony of any witness. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ).

Accordingly, the hearing officer’s decision and order on the disputed issues are affirmed.

The true corporate name of the insurance carrier is AMERICAN INTERNATIONAL SOUTH INSURANCE COMPANY and the name and address of its registered agent for service of process is

STEPHEN BISBEE

8144 WALNUT HILL LANE, WALNUT GLEN TOWER

DALLAS, TEXAS 75231.

Thomas A. Knapp – Appeals Judge

CONCUR:

Daniel R. Barry – Appeals Judge

Robert E. Lang

Appeals Panel

Manager/Judge