Title: 

APD 030239

Significant Decision

Date: 

March 12, 2003

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 030239

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 January 3, 2003. The hearing officer determined that, as a result of the ___________, injury, the appellant (claimant) did not have disability from November 20, 2001, through March 27, 2002. The claimant appeals this decision. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

Whether the claimant had disability as a result of the compensable injury was a factual question 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 PACIFIC EMPLOYERS INSURANCE COMPANY and the name and address of its registered agent for service of process is

ROBIN M. MOUNTAIN

6600 CAMPUS CIRCLE SUITE EAST, SUITE 300

IRVING, TEXAS 75063.

Chris Cowan

CONCUR:

Robert W. Potts – Appeals Judge

Roy L. Warren – Appeals Judge