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APD 042372
November 3, 2004

APD 042372

November 3, 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 23, 2004. The hearing officer determined that: (1) the appellant (claimant) did not sustain a compensable injury on ___________; and (2) the claimant did not have disability from February 18 through May 20, 2004. The claimant appeals these determinations on sufficiency of the evidence grounds. The respondent (self-insured) urges affirmance.



The hearing officer did not err in determining that the claimant did not sustain a compensable injury on ___________, and did not have disability. These 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 (a self-insured governmental entity) and the name and address of its registered agent for service of process is




Edward Vilano


Judy L. S. Barnes
Appeals Judge

Gary L. Kilgore
Appeals Judge