Title: 

APD 022475

Significant Decision

Date: 

November 19, 2002

Issues: 

Date of Injury, Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 022475

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 27, 2002, with the record closing on September 4, 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 appealed on sufficiency of the evidence grounds. The appeal file does not contain a response from the respondent (carrier).

DECISION

Affirmed.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determinations are supported by the record and are not 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, 176 (Tex. 1986).

The claimant asserts that he was not “provided a fair opportunity” in his case, due to a language barrier. Review of the record indicates that the claimant was fully responsive in Spanish through a Spanish interpreter. The record does not indicate a failure by the hearing officer to understand the claimant’s responses during direct and cross-examination.

We affirm the hearing officer’s decision and order.

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

ROBERT RAMSOWER

EMPLOYERS GENERAL INSURANCE COMPANY

1601 ELM STREET, SUITE 1600

DALLAS, TEXAS 75201.

Veronica L. Ruberto

CONCUR:

Susan M. Kelley – Appeals Judge

Michael B. McShane – Appeals Judge

Manager/Judge