Title: 

APD 030394

Significant Decision

Date: 

April 8, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 030394

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 22, 2003. The hearing officer determined that (1) the appellant (claimant) did not sustain a compensable injury on ____________; and (2) the claimant did not have disability. The claimant appeals these determinations on sufficiency of the evidence grounds, and asked that his case be “reopened for further investigation.” No response was filed.

DECISION

Affirmed.

The hearing officer did not err in making the complained-of determinations. The injury determination involved a question of fact 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)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s injury determination 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). Because the claimant did not sustain a compensable injury, the hearing officer properly concluded that the claimant did not have disability. Section 401.011(16).

The decision and order of the hearing officer are affirmed.

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

CORPORATION SERVICES COMPANY

800 BRAZOS STREET

AUSTIN, TEXAS 78701.

Terri Kay Oliver

CONCUR:

Chris Cowan – Appeals Judge

Thomas A. Knapp – Appeals Judge