Title: 

APD 012390

Significant Decision

Date: 

November 12, 2001

Issues: 

Extent of Injury

Table of Contents

APD 012390

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 September 12, 2001. The hearing officer resolved the disputed issue by concluding that the compensable injury of ___________, sustained by the appellant (claimant) does not extend to and include non-specific arthritis of the cervical spine. Claimant appeals, contending that clear evidence exists that there was damage to the cervical area as a result of the injury sustained on ____________. The respondent self-insured (carrier herein) filed a response, asserting that if claimant had non-specific arthritis, it is an ordinary disease of life.

DECISION

We affirm.

We have reviewed the complained-of determination and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determination is 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 (CARRIER) and the name and address of its registered agent for service of process is

SUPERINTENDENT

ADMINISTRATION BUILDING

ADDRESS

CITY, TEXAS ZIP CODE.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Michael B. McShane – Appeals Judge

Philip F. O’Neill – Appeals Judge