Title: 

APD 032040

Significant Decision

Date: 

September 15, 2003

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 032040

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 July 14, 2003. The appellant (claimant) appeals the hearing officer’s decision that the date of injury was _____________; that the claimant failed without good cause to timely report an injury to the employer; that the claimant did not sustain a compensable injury; and that the claimant has not had disability. The claimant contends that the hearing officer’s decision is against the great weight of the evidence. The respondent (carrier) asserts that the evidence supports the hearing officer’s decision.

DECISION

Affirmed.

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).

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Robert W. Potts

CONCUR:

Michael B. McShane

Appeals Panel

Manager/Judge

Edward Vilano – Appeals Judge