Title: 

APD 022950

Significant Decision

Date: 

January 7, 2003

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 022950

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 29, 2002. The hearing officer determined that the respondent (claimant) sustained a compensable repetitive trauma injury on ____________, and that she had disability beginning on May 29, 2002, and continuing through the date of the hearing. The appellant (carrier) appealed on sufficiency of the evidence grounds. The file does not contain a response from the claimant.

DECISION

We affirm.

The carrier contends that the hearing officer erred in making the injury and disability determinations in this case. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. We conclude that the hearing officer’s determinations in this regard 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).

We affirm the hearing officer’s decision and order.

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

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Terri Kay Oliver – Appeals Judge