Title: 

APD 030649

Significant Decision

Date: 

April 15, 2003

Issues: 

Existence of Compensable Inj

Table of Contents

APD 030649

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 the decedent’s death was a result of treatment for his ___________, compensable injury and, therefore, the decedent’s death was a result of the ___________, compensable injury. The appellant (carrier) appealed and the respondent (beneficiaries) responded, urging affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the decedent’s death was a result of the treatment he received for his ___________, compensable injury, and that his death, therefore, was a result of the compensable injury. This issue presented a question of fact for the hearing officer to resolve based upon a weighing of the medical evidence. Texas Workers’ Compensation Commission Appeal No. 012723, decided December 10, 2001. 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 determinations are 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).

We affirm the hearing officer’s decision and order.

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

MARCUS MERRITT

6600 CAMPUS CIRCLE DRIVE EAST, #200

IRVING, TEXAS 75063.

Daniel R. Barry – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Robert W. Potts – Appeals Judge