Title: 

APD 040965

Significant Decision

Date: 

June 7, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 040965

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 April 13, 2004. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on _____________, and that the claimant did not have disability from July 1 through July 16, 2003.

The claimant appeals each and every determination adverse to him on sufficiency of the evidence grounds. The respondent (carrier) responds, urging affirmance.

DECISION

Affirmed.

The claimant, a sales representative, testified that he sustained a thoracic spine and right shoulder injury on _____________, installing a DVR for a customer. The claimant was seen by his treating chiropractor who diagnosed a sprain/strain the same day and was released to return to work. The claimant worked his regular duties until June 30, 2003. The circumstances of the claimant’s employment termination are disputed. The claimant returned to work for another employer on July 17, 2003.

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 trier of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. The hearing officer’s decision is supported by sufficient evidence and 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, 176 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

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

LEON CROCKETT

1600 NORTH COLLINS BOULEVARD, SUITE 300

RICHARDSON, TEXAS 75080.

Thomas A. Knapp

CONCUR:

Elaine M. Chaney – Appeals Judge

Edward Vilano – Appeals Judge