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APD 041910
September 20, 2004

APD 041910

September 20, 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 appellant (claimant) did not sustain a compensable injury in the form of an occupational disease, with a date of injury of _____________, and that she therefore did not have disability. The claimant appealed the injury and disability determinations on sufficiency of the evidence grounds. The respondent (self-insured) responded, urging affirmance.



The complained-of determinations involved factual questions for the hearing officer to resolve. Section 410.165(a) provides that the hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given to the evidence. This is equally true regarding the medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). Nothing in our review of the record indicates that the hearing officer’s determinations on the appealed issues are 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, 176 (Tex. 1986).

The hearing officer's decision and order are 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




Daniel R. Barry


Chris Cowan
Appeals Judge

Gary L. Kilgore
Appeals Judge