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 May 15, 2002. Regarding the sole disputed issue, the hearing officer determined that the appellant’s (claimant) compensable injury (reactive airway disease (RAD)) does not extend to or include major depressive disorder, tachycardia, fibromyalgia, pericardial disease, an epigastric condition, and/or nausea.
The claimant appeals. The respondent (self-insured) responds, urging affirmance.
DECISION
Affirmed.
The claimant’s appeal requests “an Appeal Hearing” where more “case information” would be provided. Section 410.203, regarding the Appeals Panel, does not provide for any additional evidentiary hearing and limits our review to the record developed at the CCH, the appeal, and the response.
The parties stipulated that the claimant had a compensable injury in the form of RAD on _____________. The claimant contends that the compensable injury extends to the above-listed conditions. The self-insured contends that there is little or no evidence to establish causality of the named conditions to the compensable injury.
There was some conflicting evidence and it is the hearing officer as the fact finder who is charged with the responsibility of resolving the conflicts and inconsistencies in the evidence and deciding what facts the evidence had established. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ).
After review of the record before us and the complained-of determination, we have concluded that there is sufficient legal and factual support for the hearing officer’s decision. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The hearing officer’s decision and order 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
For service in person the address is:
RON JOSSELET, EXECUTIVE DIRECTOR
STATE OFFICE OF RISK MANAGEMENT
300 W. 15TH STREET
WILLIAM P. CLEMENTS, JR. STATE OFFICE BUILDING, 6TH FLOOR
AUSTIN, TEXAS 78701.
For service by mail the address is:
RON JOSSELET, EXECUTIVE DIRECTOR
STATE OFFICE OF RISK MANAGEMENT
P.O. BOX 13777
AUSTIN, TEXAS 78711-3777.
Thomas A. Knapp
CONCUR:
Gary L. Kilgore – Appeals Judge
Roy L. Warren – Appeals Judge