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 25, 2001. The hearing officer resolved the disputed issues by concluding that the compensable injury of ___________, does extend to and include a low back injury and that respondent (claimant) had disability beginning on ___________, and continuing through May 28, 2001. Appellant (carrier) appealed, arguing that a preponderance of the evidence failed to establish that claimant sustained disability and, further, that the report relied upon by the hearing officer as the most credible report does not establish disability. Claimant responds that there was sufficient evidence to support the determinations of the hearing officer.
DECISION
We affirm.
We have reviewed the complained-of determination regarding disability 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. The medical evidence and report from Dr. K support the hearing officer’s determination regarding disability. 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 ZURICH NORTH AMERICA and the name and address of its registered agent for service of process is
GARY SUDOL
ZURICH NORTH AMERICA
9330 LBJ FREEWAY, SUITE 1200
DALLAS, TEXAS 75243.
Judy L. S. Barnes – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Philip F. O’Neill – Appeals Judge