Title: 

APD 030964

Significant Decision

Date: 

June 4, 2003

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 030964

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. On the sole issue, the hearing officer determined that the appellant (claimant) had disability from May 20, 1999, through May 23, 1999, and from July 5, 1999, through July 12, 1999, but not from July 30, 1999, through March 26, 2003. The claimant appeals the disability determination for the period of July 30, 1999, through March 26, 2003, on sufficiency of the evidence grounds. The respondent (carrier) urges affirmance. The remaining disability determinations were not appealed and are, therefore, final. Section 410.169.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant did not have disability from July 30, 1999, through March 26, 2003. This 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 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).

The true corporate name of the insurance carrier is TEXAS PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION, for Reliance National Indemnity Company, an impaired carrier and the name and address of its registered agent for service of process is

MARVIN KELLY, EXECUTIVE DIRECTOR

9120 BURNET ROAD

AUSTIN, TEXAS 78758.

Edward Vilano

CONCUR:

Thomas A. Knapp – Appeals Judge

Margaret L. Turner – Appeals Judge