Title: 

APD 022401

Significant Decision

Date: 

October 31, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 022401

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 26, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on _____________, and that he did not have disability. The claimant contends that these determinations are against the great weight and preponderance of the evidence. The respondent (carrier) urges affirmance of the hearing officer’s decision.

DECISION

We affirm.

The claimant had the burden to prove that he sustained an injury in the course and scope of his employment and that he had disability as defined by Section 401.011(16). Conflicting evidence was presented on the disputed issues. The hearing officer determined that the claimant did not sustain an injury in the course and scope of his employment and that he did not have disability. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. We conclude that the hearing officer’s findings of fact in this regard are supported by sufficient evidence and are 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 TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

MR. RUSSELL OLIVER, PRESIDENT

221 WEST 6TH STREET

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Gary L. Kilgore – Appeals Judge

Michael B. McShane – Appeals Judge