Title: 

APD 022575

Significant Decision

Date: 

November 7, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 022575

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 September 11, 2002. The appellant (claimant) appeals the hearing officer’s determination that the claimant did not sustain a compensable injury on _____________, and that, since the claimant had no compensable injury, he had no disability. There is no response from the respondent (carrier) contained in our file. The hearing officer’s determinations that the claimant is not barred from recovery under the 1989 Act pursuant to the election of remedies doctrine has not been appealed and is final. Section 410.169.

DECISION

Affirmed.

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 resolved what facts were established. We conclude that the hearing officer’s determinations are sufficiently 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).

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is LIBERTY MUTUAL FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Michael B. McShane

CONCUR:

Elaine M. Chaney – Appeals Judge

Margaret L. Turner – Appeals Judge