Title: 

APD 021389

Significant Decision

Date: 

July 17, 2002

Issues: 

Comp/W Choice Doctor Req’ment

Table of Contents

APD 021389

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 May 7, 2002. The hearing officer determined that (1) the compensable injury of _______________, extends to include the left ankle and reflex sympathetic dystrophy; (2) the respondent (claimant) had disability beginning April 5, 2001, and continuing through the date of the hearing; and (3) the claimant is entitled to change treating doctors pursuant to Section 408.022. The appellant (carrier) appeals the determinations on sufficiency of the evidence grounds. The claimant urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determinations. The determinations 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 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).

The decision and order of the hearing officer are affirmed.

The true corporate name of the carrier is CASUALTY RECIPROCAL EXCHANGE and the name and address of its registered agent for service of process is

FRED S. STRADLEY

9330 LBJ FREEWAY, SUITE 1400

DALLAS, TEXAS 75243.

Philip F. O’Neill

CONCUR:

Susan M. Kelley – Appeals Judge

Michael B. McShane – Appeals Judge