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APD 041984
October 5, 2004

APD 041984

October 5, 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 16, 2004. The hearing officer determined that: (1) the appellant (carrier) provided workers’ compensation insurance coverage for the employer on the date of injury (DOI); (2) the DOI is ___________; (3) the respondent (claimant) sustained a compensable injury; and (4) the carrier is not relieved from liability pursuant to Section 409.002, because the claimant timely notified his employer of an injury in accordance with Section 409.001. The carrier appeals the injury, DOI, and notice determinations on sufficiency of the evidence grounds. The claimant did not file a response. The hearing officer’s determination with regard to the coverage issue was not appealed and has become final. Section 410.169.



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 is affirmed.

The true corporate name of the insurance carrier is LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is




Edward Vilano


Judy L. S. Barnes
Appeals Judge

Chris Cowan
Appeals Judge