Title: 

APD 023277

Significant Decision

Date: 

February 13, 2003

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 023277

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 December 11, 2002. The hearing officer determined that as a result of the ______________, compensable injury, the respondent (claimant) had disability from March 20, 2002, through the date of the hearing. The appellant (carrier) appeals this decision. The claimant urges affirmance.

DECISION

Affirmed.

Whether the claimant had disability was a factual question for the hearing officer to resolve. A disability determination can be established by the claimant’s testimony alone, if believed by the hearing officer. Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394 (Tex. 1989). The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established from the evidence presented.

Nothing in our review of the record indicates that the hearing officer’s decision is 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).

The hearing officer’s decision and order is affirmed.

The true corporate name of the insurance carrier is FEDERAL INSURANCE COMPANY OF AMERICA and the name and address of its registered agent for service of process is

ALBERT SCOTT TAYLOR, PRESIDENT

12225 GREENVILLE AVENUE, SUITE 490

DALLAS, TEXAS 75243.

Chris Cowan – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Roy L. Warren – Appeals Judge