Title: 

APD 022724

Significant Decision

Date: 

December 9, 2002

Issues: 

Existence of Compensable Inj

Table of Contents

APD 022724

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 October 7, 2002. The hearing officer resolved the disputed issue by deciding that the employee’s (decedent) death was the result of the compensable injury of ____________. The appellant (self-insured) appealed and the respondent (claimant beneficiary) responded.

DECISION

The hearing officer’s decision is affirmed.

The 1989 Act makes the hearing officer the sole judge of the weight and credibility of the evidence. Section 410.165(a). We conclude that the appealed finding of fact and conclusion of law 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); Maryland Casualty Company v. Rogers, 86 S.W.2d 867 (Tex. Civ. App.-Amarillo 1935, writ ref’d); Western Casualty and Surety Company v. Gonzales, 518 S.W.2d 524 (Tex. 1975); Maryland Casualty Company v. Sosa, 425 S.W.2d 871 (Tex. Civ. App.-San Antonio 1968, writ ref’d n.r.e. per curiam 432 S.W.2d 515).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

SUPERINTENDENT

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Robert W. Potts – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Thomas A. Knapp – Appeals Judge