Title: 

APD 011197

Significant Decision

Date: 

July 10, 2001

Issues: 

Extent of Injury

Table of Contents

APD 011197

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 May 10, 2001. The hearing officer resolved the disputed issue by deciding that the respondent (claimant) sustained a compensable injury to the thoracic area in addition to his lumbar area on __________. The appellant (carrier) appealed. No response was received from the claimant.

DECISION

The hearing officer’s decision is affirmed.

The hearing officer did not err in determining that the claimant sustained a compensable injury to his thoracic area in addition to his lumbar area on __________. The conflicting evidence was for the hearing officer to resolve as the finder of fact. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer’s decision is supported by the claimant’s testimony and the reports of the treating doctor, referral doctor, and designated doctor. The hearing officer’s decision is supported by sufficient evidence and is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust.

The hearing officer’s decision and order are affirmed.

Robert W. Potts – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Philip F. O’Neill – Appeals Judge