Title: 

APD 022138

Significant Decision

Date: 

September 26, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 022138

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 July 23, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on or about ________ and did not have disability. The claimant appeals the determination on sufficiency grounds. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant did not sustain a compensable injury on or about ________ and did not have disability. The injury and disability 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 injury determination is 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). Because the claimant did not sustain a compensable injury, the hearing officer properly concluded that the claimant did not have disability. Section 401.011(16).

The decision and order of the hearing officer are affirmed.

The true corporate name of the carrier is CLARENDON NATIONAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

UNITED STATES CORPORATION COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Gary L. Kilgore – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Veronica Lopez – Appeals Judge