Your FREE and easy resource for all things Texas workers' compensation
At a Glance:
APD 041652
August 23, 2004

APD 041652

August 23, 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 15, 2004. The hearing officer determined that the respondent (claimant) had disability for the compensable injury of _____________, beginning January 14, 2004, and continuing through the date of the hearing. The appellant (self-insured) appeals this determination on sufficiency of the evidence grounds. The claimant urges affirmance.



The hearing officer did not err in determining that the claimant had disability from January 14, 2004, through the date of the hearing. This determination involved a question 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 determination is 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 (a self-insured governmental entity) and the name and address of its registered agent for service of process is




Edward Vilano


Daniel R. Barry
Appeals Judge

Thomas A. Knapp
Appeals Judge