This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on May 24, 2001. The hearing officer resolved the disputed issues by deciding that the compensable injury of ___________, extends to include displacement of the cervical disc and cervical radiculitis, but does not extend to include bladder or bowel dysfunction. The appellant/cross-respondent (self-insured) appealed that part of the decision that is adverse to it and the respondent/cross-appellant (claimant) appealed that part of the decision that is adverse to her.
DECISION
The hearing officer’s decision is affirmed.
The hearing officer did not err in her determination on the extent-of-injury issue. Conflicting evidence on the disputed issues was presented at the CCH. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established from the evidence presented. 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:
Robert E. Lang
Appeals Panel
Manager/Judge
Michael B. McShane – Appeals Judge