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APD 041443
August 9, 2004

APD 041443

August 9, 2004

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 May 19, 2004. With respect to the issues before her, the hearing officer determined that the respondent’s (claimant) compensable injury of ______________, extends to include left shoulder impingement syndrome and that she had disability, as a result of her compensable injury, from January 24, 2003, through the date of the hearing. In its appeal, the appellant (carrier) argues that those determinations are against the great weight of the evidence. The appeal file does not contain a response to the carrier’s appeal from the claimant.



The hearing officer did not err in determining that the claimant’s compensable injury of ______________, includes left shoulder impingement syndrome and that she had disability from January 24, 2003, through the date of the hearing. Those issues presented 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). As the trier of fact, the hearing officer resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). There was conflicting evidence on the disputed issues and the hearing officer was acting within her province as the fact finder in giving more weight to the evidence tending to demonstrate that the claimant’s compensable injury included left shoulder impingement syndrome and that she had disability for the period found. Nothing in our review of the record reveals that the challenged determinations are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to reverse those determinations on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is





Elaine M. Chaney
Appeals Judge


Daniel R. Barry
Appeals Judge

Chris Cowan
Appeals Judge