Title: 

APD 041151

Significant Decision

Date: 

July 8, 2004

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 041151

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 19, 2004. The hearing officer determined that the appellant (claimant) did not have a compensable injury on ________________, including an injury in the nature of bulging at L4-5 and/or at L5-S1, and that the claimant did not have disability. The claimant files a request for review in which she argues that the evidence is contrary to the decision of the hearing officer. The file does not contain a response from the respondent (carrier).

DECISION

Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.

The hearing officer did not err in determining that the claimant did not have a compensable injury on ________________, including a bulging at L4-5 and/or at L5-S1, and that the claimant did not have disability. The compensability, extent-of-injury, and disability 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 (Tex. 1986).

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is ARGONAUT-SOUTHWEST INSURANCE COMPANY and the name and address of its registered agent for service of process is

JOSEPH A. YURKOVICH

1431 GREENWAY DRIVE, SUITE 450

IRVING, TEXAS 75038.

Gary L. Kilgore – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Daniel R. Barry – Appeals Judge