Title: 

APD 022388

Significant Decision

Date: 

October 29, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 022388

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 August 21, 2001. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) sustained a compensable injury on ______________, and that the claimant did not have disability. The claimant appeals the disability determination, arguing that it is not supported by sufficient evidence. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

The claimant had the burden to prove that he had disability as defined by Section 401.011(16). 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. The hearing officer’s decision is supported by sufficient evidence and 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).

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is AMERICAN EMPLOYERS’ INSURANCE COMPANY and the name and address of its registered agent for service of process is

C. J. FIELDS

5910 NORTH CENTRAL EXPRESSWAY, SUITE 500

DALLAS, TEXAS 75206.

Margaret L. Turner

CONCUR:

Elaine M. Chaney – Appeals Judge

Thomas A. Knapp – Appeals Judge