Title: 

APD 030550

Significant Decision

Date: 

April 22, 2003

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 030550

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 February 13, 2003. The hearing officer decided that the appellant (claimant) did not have disability after June 28, 2002. The claimant appeals the hearing officer’s disability determination on sufficiency of the evidence grounds, asserting that disability existed between June 28 and September 3, 2002. There is no response from the respondent (carrier) in the appeals file.

DECISION

Affirmed.

We have reviewed the complained-of determination and find that the hearing officer’s Decision and Order is supported by sufficient evidence to be affirmed. The issue presented a question of fact for the hearing officer. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a); Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). There was conflicting evidence presented on the disputed issue. It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). Nothing in our review of the record reveals that the hearing officer’s determination is so contrary to the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. As such, no sound basis exists for us to reverse that determination on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Edward Vilano

CONCUR:

Gary L. Kilgore – Appeals Judge

Roy L. Warren – Appeals Judge