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APD 041543
July 30, 2004

APD 041543

July 30, 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 June 2, 2004. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on _______________, and that he had disability beginning September 3, 2003, and continuing through the date of the hearing. The appellant (carrier) appealed, disputing the injury and disability determinations on grounds of factual sufficiency of the evidence. The claimant asserts that sufficient evidence supports the hearing officer’s determinations on the appealed issues.



The claimant had the burden to prove that he sustained a compensable injury as defined by Section 401.011(10) and that he had disability as defined by Section 401.011(16). The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. The hearing officer noted that the evidence presented by the carrier to challenge the claimant’s credibility was unpersuasive and that the significant and material facts supported the claimant’s contentions. We conclude that the hearing officer’s determinations on the appealed issues of compensable injury and disability are supported by sufficient evidence and are not 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 AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is


701 BRAZOS, SUITE 1050


Margaret L. Turner
Appeals Judge


Gary L. Kilgore
Appeals Judge

Veronica L. Ruberto
Appeals Judge