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APD 041796
September 13, 2004

APD 041796

September 13, 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 July 5, 2004. The hearing officer determined that the compensable injury of ____________, includes an injury to the knees. The appellant (carrier) appeals this determination on sufficiency of the evidence grounds. The respondent (claimant) did not file a response.



The hearing officer did not err in determining that the compensable injury of ____________, includes an injury to the knees. 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 SENTRY INSURANCE, A MUTUAL COMPANY and the name and address of its registered agent for service of process is



ROUND ROCK, TEXAS 78664-4463.

Edward Vilano
Appeals Judge


Judy L. S. Barnes
Appeals Judge

Robert W. Potts
Appeals Judge