Title: 

APD 030923

Significant Decision

Date: 

June 5, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 030923

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 March 26, 2003. The hearing officer determined that the respondent’s (claimant) ______________, compensable injury includes an injury to the right wrist fibrocartilage complex and that she had disability from July 3, 2001, through November 4, 2002. The appellant (carrier) appeals this decision. The claimant urges affirmance.

DECISION

Affirmed.

The disputed issues in this case involved factual questions for the hearing officer to resolve. Section 410.165(a) provides that the contested case hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given to the evidence. It was the hearing officer’s prerogative to believe all, part, or none of the testimony of any witness, including that of the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). 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 decision and order of the hearing office is affirmed.

The true corporate name of the insurance carrier is AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL

DALLAS, TEXAS 75201.

Chris Cowan

CONCUR:

Elaine M. Chaney – Appeals Judge

Robert W. Potts – Appeals Judge