Title: 

APD 032028

Significant Decision

Date: 

September 18, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Extent of Injury

Table of Contents

APD 032028

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 June 26, 2003. The hearing officer determined that the appellant (claimant) sustained a compensable left knee and left ankle injury on ______________; that the compensable injury does not include the lumbar spine; and that the claimant did not have disability resulting from the compensable injury. The claimant appeals the extent-of-injury and disability determinations. The respondent (carrier) urges affirmance. The compensability determination has not been appealed and has become final pursuant to Section 410.169.

DECISION

Affirmed.

The complained-of issues in this case 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)) and 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)). 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). The hearing officer was not persuaded by the evidence that the compensable injury includes the lumbar spine or that the claimant had disability resulting from the compensable knee and ankle injury. 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 true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

MANAGER

(ADDRESS)

(CITY) TEXAS ((ZIP CODE).

Chris Cowan – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Robert W. Potts – Appeals Judge