Title: 

APD 022730

Significant Decision

Date: 

November 21, 2002

Issues: 

Compensability-Occupationl Inj, Timely Reporting to Employer

Table of Contents

APD 022730

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 25, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable repetitive trauma injury, with a date of injury of ___________, and that the claimant failed to timely notify her employer of the alleged injury. The claimant appeals and the respondent (self-insured) responds, urging affirmance.

DECISION

We affirm the hearing officer’s decision.

The hearing officer is the sole judge of the relevance, materiality, weight, and credibility of the evidence presented at the hearing. Section 410.165(a). The decision should not be set aside because different inferences and conclusions may be drawn upon review, even when the record contains evidence that would lend itself to different inferences. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). The trier of fact may believe all, part, or none of the testimony of any witness. Taylor v. Lewis, 553 S.W.2d 153, 161 (Tex. Civ. App.-Amarillo 1977, writ ref’d n.r.e.). In this case, there was conflicting evidence concerning the alleged injury as well as how the alleged injury was reported to the employer. We note that the hearing officer’s determination on notice is supported by the recorded statement of the supervisor as well as the first transcribed statement of the claimant herself, who said at that time that she had not really given notice to the employer about her carpal tunnel syndrome.

In considering all the evidence in the record, we cannot agree that the findings of the hearing officer are so against the great weight and preponderance of the evidence as to be manifestly wrong and unjust. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). Accordingly, we affirm the hearing officer’s decision and order.

The true corporate name of the self-insured (SELF-INSURED) and the name and address of its registered agent for service of process is

CT CORPORATION

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Susan M. Kelley – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Veronica L. Ruberto – Appeals Judge