Title: 

APD 032621

Significant Decision

Date: 

November 13, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 032621

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 21 and September 6, 2003. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on _____________, and did not have disability. The claimant appeals these determinations and asserts that the hearing officer’s list of exhibits does not reflect that the claimant offered an additional exhibit. The respondent (carrier) urges affirmance of the hearing officer’s decision.

DECISION

Affirmed.

With regard to the claimant’s assertion on appeal that the hearing officer failed to list the records of Dr. B as actually being offered by the claimant at the hearing, we note that neither the transcript of the proceedings nor the exhibit list prepared by the claimant reflect that these records were offered by the claimant. They were, however, offered by the carrier and admitted into evidence.

Whether the claimant sustained a compensable injury and had disability were 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). The trier of fact may believe all, part, or none of the testimony of any witness. Aetna Insurance Co. v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). The hearing officer noted that she did not find the claimant credible and found against her on the disputed issues. 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 and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is FIDELITY & GUARANTY INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Chris Cowan

CONCUR:

Margaret L. Turner – Appeals Judge

Edward Vilano – Appeals Judge