Title: 

APD 032829

Significant Decision

Date: 

December 3, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 032829

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 September 9 and September 30, 2003. The hearing officer determined that: (1) the respondent (claimant) sustained a compensable injury on ____________; (2) the claimant had disability from April 6, 2002, through the date of the hearing; and (3) the claimant’s average weekly wage (AWW) is $250.00. The appellant (carrier) appeals the injury and disability determinations on sufficiency of the evidence grounds. The claimant urges affirmance. The hearing officer’s AWW determination was not appealed and has become final. Section 410.169.

DECISION

Affirmed.

The hearing officer did not err in making 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 including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude 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. 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 TWIN CITY FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL

DALAS, TEXAS 75201.

Edward Vilano

CONCUR:

Thomas A. Knapp – Appeals Judge

Robert W. Potts – Appeals Judge