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APD 041841
September 13, 2004

APD 041841

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: (1) appellant (claimant) did not sustain a compensable injury on ____________; (2) respondent (carrier) is not relieved from liability under Section 409.002 because of claimant’s failure to timely notify his employer pursuant to Section 409.001; and (3) because claimant did not sustain a compensable injury, he did not have disability. Claimant appealed the determinations regarding compensability and disability on evidentiary sufficiency grounds. Carrier responded that the Appeals Panel should affirm the hearing officer’s decision and order.


We affirm.

Claimant had the burden to prove that he sustained a compensable injury, that he had disability, and that he timely notified his employer of his claimed injury. Conflicting evidence was presented on the disputed issues. 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. Although there is conflicting evidence in this case, we conclude that the hearing officer’s determinations on the disputed issues are supported by sufficient evidence and are not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, 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.

Judy L. S. Barnes


Daniel R. Barry
Appeals Judge

Gary L. Kilgore
Appeals Judge