Title: 

APD 030015

Significant Decision

Date: 

February 6, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Reporting to Employer

Table of Contents

APD 030015

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 4, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ___________; that he did not have disability; and that he did not give timely notice of the claimed injury to his employer. The claimant appeals this decision. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

Whether the claimant sustained a compensable injury, had disability and gave timely notice of the claimed injury were factual questions for the hearing officer to resolve. 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 MID-CENTURY INSURANCE EXCHANGE and the name and address of its registered agent for service of process is

FRED B. WERKENTHIN

100 CONGRESS AVENUE

AUSTIN, TEXAS 78701.

Chris Cowan – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Michael B. McShane

Appeals Panel

Manager/Judge