Title: 

APD 031033

Significant Decision

Date: 

June 17, 2003

Issues: 

Compensability-Occupationl Inj, Date of Injury, Disabilty/Existence-Duration, Timely Reporting to Employer

Table of Contents

APD 031033

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case was held on April 1, 2003. The hearing officer determined that the appellant (claimant) did not sustain a compensable repetitive trauma injury; that the date of the claimed injury is ______________; that the claimant did not give timely notice of the claimed injury to her employer; and that the claimant did not have disability. The claimant appeals these determinations. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determinations and conclude that the disputed issues involved factual questions 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). 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). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established from the evidence presented. 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 hearing officer’s decision and order 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 CORPORATE SYSTEM

350 NORTH ST. PAUL STREET

DALLAS. TEXAS 75201.

Chris Cowan

CONCUR:

Judy L. S. Barnes – Appeals Judge

Margaret L. Turner – Appeals Judge