Title: 

APD 021104

Significant Decision

Date: 

June 25, 2002

Issues: 

Amount of Average Weekly Wage

Table of Contents

APD 021104

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 April 15, 2002. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) average weekly wage (AWW) is $837.07. The appellant (carrier) appealed. No response was received from the claimant.

DECISION

The hearing officer’s decision and order are affirmed.

Conflicting evidence was presented at the CCH on the disputed issue of the claimant’s AWW. 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. We conclude that the hearing officer’s decision 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 AMERICAN INTERSTATE INSURANCE COMPANY and the name and address of its registered agent for service of process is

STEVE ROPER

1616 S. CHESTNUT

LUFKIN, TEXAS 75901.

Robert W. Potts – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Thomas A. Knapp – Appeals Judge