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APD 041756
September 7, 2004

APD 041756

September 7, 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 30, 2004. The hearing officer determined that the respondent (claimant herein) sustained a compensable injury to his left ankle on ______________; that the claimant had disability resulting from the compensable injury, beginning August 8, 2003, and continuing through November 6, 2003; and that the appellant (self-insured herein) is not relieved of liability under Section 409.002 because the claimant did timely notify the employer pursuant to Section 409.001. The self-insured files a request for review on sufficiency of the evidence grounds. There is no response from the claimant in the file.


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 making the complained-of determinations. The 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, 176 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

The true corporate name of insurance carrier is (a certified self-insured) and the name and address of its registered agent for service of process is




Gary L. Kilgore


Veronica L. Ruberto
Appeals Judge

Edward Vilano
Appeals Judge