Your FREE and easy resource for all things Texas workers' compensation
At a Glance:
APD 041470
August 5, 2004

APD 041470

August 5, 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 17, 2004. The hearing officer determined that: (1) the respondent (claimant) sustained a compensable injury on _______________; and (2) the appellant (carrier) is not relieved from liability under Section 409.002, because the claimant timely notified his employer of an injury pursuant to Section 409.001. The carrier appeals these determinations essentially on sufficiency of the evidence grounds. The claimant urges affirmance.



The hearing officer did not err in making the complained-of determinations. Whether the claimant sustained an injury in the course and scope of his employment and whether he timely notified his employer of a work-related injury were questions of fact. It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). The claimant’s testimony supports the hearing officer’s findings that he sustained an injury in the course and scope of his employment on _______________, and timely reported a work-related injury to his employer. We will uphold the decision of a hearing officer if it can be sustained on any reasonable basis supported by the evidence. Daylin, Inc. v. Juarez, 766 S.W.2d 347 (Tex. App.-El Paso 1989, writ denied). Accordingly, 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 is 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




Edward Vilano
Appeals Judge


Daniel R. Barry
Appeals Judge

Thomas A. Knapp
Appeals Judge