Title: 

APD 032022

Significant Decision

Date: 

September 16, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Timely Filing Claim W/TDI WC, Timely Reporting to Employer

Table of Contents

APD 032022

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing consolidating these two dockets was held on July 10, 2003. As to (Docket No. 1), the hearing officer determined that the appellant (claimant) did not sustain a compensable injury on (date of injury for Docket No. 1); that the respondent (carrier) is relieved from liability under Section 409.002 because of the claimant’s failure to notify his employer pursuant to Section 409.001; that the carrier is relieved from liability under Section 409.004 because of claimant’s failure to timely file a claim for compensation with the Texas Workers’ Compensation Commission within one year of the injury as required by the Section 409.003. As to (Docket No. 2), the hearing officer determined that the claimant did not sustain a compensable injury on (date of injury for Docket No. 2), and that the claimant does not have disability. The claimant has appealed on factual sufficiency grounds and urges reversal. The carrier has responded and urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determinations. The determinations involved questions 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 and decides what facts the evidence has established (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). Nothing in our review of the record reveals 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. Therefore, no sound basis exists for us to reverse the decisions of the hearing officer. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

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

ROBIN M. MOUNTAIN

6600 CAMPUS CIRCLE DRIVE EAST, SUITE 300

IRVING, TEXAS 75063.

Gary L. Kilgore – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Thomas A. Knapp – Appeals Judge