Title: 

APD 021398

Significant Decision

Date: 

July 24, 2002

Issues: 

Existence of Compensable Inj

Table of Contents

APD 021398

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 1, 2002. With respect to the issues before him, the hearing officer determined that the respondent (claimant) sustained a compensable injury on ________________, and that he had disability, as a result of his compensable injury, from ________________, through March 14, 2002. In its appeal, the appellant (carrier) argues that those determinations are against the great weight of the evidence. In his response to the carrier’s appeal, the claimant urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant sustained a compensable injury on ________________, and that he had disability from ________________, through March 14, 2002. Those issues presented questions of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. Section 410.165(a) provides that the hearing officer is the sole judge of the weight and credibility of the evidence. As the fact finder, the hearing officer resolves the conflicts and inconsistencies in the evidence and determines what facts the evidence has established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). In arguing that the challenged determinations are against the great weight of the evidence, the carrier emphasizes the same factors it emphasized at the hearing. The significance, if any, of those factors was a matter for the hearing officer. The hearing officer was acting within his province as the finder of fact in crediting the evidence presented by the claimant and in determining that he sustained a compensable injury and had disability for the period found. Nothing in our review of the record demonstrates that the hearing officer’s injury and disability determinations are so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb those determinations on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). Although another fact finder could have drawn different inferences from the evidence, which would have supported a different result, that does not provide a basis for us to reverse the hearing officer’s decision on appeal. Salazar v. Hill, 551 S.W.2d 518 (Tex. Civ. App.-Corpus Christi 1977, writ ref’d n.r.e.).

The hearing officer’s decision and order are affirmed.

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

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Elaine M. Chaney – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Roy L. Warren – Appeals Judge