Title: 

APD 022676

Significant Decision

Date: 

December 9, 2002

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 022676

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 24, 2002. The hearing officer determined that the respondent (claimant) sustained a compensable injury in the form of an occupational disease with a date of ____________, and that she had disability resulting from an injury sustained on ____________, from October 1, 2001, through March 1, 2002. The appellant (carrier) appealed on sufficiency of the evidence grounds. The appeal file does not contain a response from the claimant.

DECISION

Affirmed, as reformed.

We note the hearing officer’s Conclusion of Law No. 4 and the decision appears to have an inadvertent typographical error, which does not affect the outcome of the case. We reform Conclusion of Law No. 4 and the decision of the hearing officer to read “March 1, 2002” wherever it reads “March 1, 2001.” Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer as reformed.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer may believe all, part, or none of the testimony of any witness. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). This is equally true regarding medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). We conclude that the hearing officer’s injury and disability determinations 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, as reformed.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE I

AUSTIN, TEXAS 78701.

Veronica L. Ruberto

CONCUR:

Gary L. Kilgore – Appeals Judge

Robert W. Potts – Appeals Judge