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APD 042186
October 14, 2004

APD 042186

October 14, 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 August 5, 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 the claimant did not have disability.

The claimant appeals, basically on sufficiency of the evidence grounds. The respondent (carrier) responds, urging affirmance.



The claimant was employed by a temporary employment agency and concurrently, on the alleged date of injury, by another employer. There was conflicting evidence how the claimant was hurt, whether the claimant was alleging a repetitive trauma injury or a specific injury, on which of several jobs the claimant may have been injured, and even the date of injury. The hearing officer found that the claimant “provided differing accounts of the alleged injury and is therefore not persuasive.”

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer could believe all, part, or none of the testimony of any witness, including the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). We conclude that the hearing officer’s determinations are supported by sufficient evidence and are not 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).

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is




Thomas A. Knapp


Robert W. Potts
Appeals Judge

Margaret L. Turner
Appeals Judge