Title: 

APD 032261

Significant Decision

Date: 

October 16, 2003

Issues: 

Compensability-Occupationl Inj

Table of Contents

APD 032261

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 30, 2003. The hearing officer determined that the respondent (claimant) sustained a compensable occupational disease injury on ______________. The appellant (self-insured) appeals this determination. The appeal file contains no response from the claimant.

DECISION

Affirmed.

The disputed issue in this case involved a factual question for the hearing officer to resolve. Section 410.165(a) provides that the contested case hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. 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 decision and order of the hearing officer are affirmed.

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

COUNTY JUDGE

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Chris Cowan – Appeals Judge

CONCUR:

Margaret L. Turner – Appeals Judge

Edward Vilano – Appeals Judge