Title: 

APD 031686

Significant Decision

Date: 

August 18, 2003

Issues: 

Allegation of Bona Fide Offer, Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 031686

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on June 12, 2003. The appellant (claimant) appeals the hearing officer’s decision that the compensable injury of ______________, does not include left cubital tunnel syndrome and median neuropathy at the left wrist and/or ulnar neuritis at the left elbow, and that from August 8, 2002, through the date of the CCH, the claimant has not had disability. The respondent (self-insured) responded.

DECISION

Affirmed.

The claimant had the burden to prove the extent of her compensable injury and that she had disability as defined by Section 401.011(16). Conflicting evidence was presented on the disputed issues. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. Although there is conflicting evidence in this case, we conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is (a certified self-insured) and the name and address of its registered agent for service of process is

TH

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Robert W. Potts – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Thomas A. Knapp – Appeals Judge