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 October 8, 2001. The hearing officer resolved the disputed issue by deciding that the compensable injury sustained by the appellant (claimant) on __________, does not extend to and include a lumbar (low back) injury. The claimant appealed and the respondent (carrier) responded.
DECISION
The hearing officer’s decision is affirmed.
It is undisputed that on __________, the claimant sustained a compensable injury to his right knee and right ankle. The issue before the hearing officer was whether the compensable injury extends to and includes a lumbar injury. The claimant had the burden to prove the extent of his compensable injury. Texas Workers’ Compensation Commission Appeal No. 001769, decided September 8, 2000. The hearing officer, as the finder of fact, may believe that the claimant has an injury, but disbelieve that the injury occurred as claimed by the claimant. Johnson v. Employers Reinsurance Corporation, 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). Since the claimant did not object to the admission of the carrier’s exhibits at the CCH, the admission of that evidence cannot be complained of on appeal. Dicker v. Security Insurance Company, 474 S.W.2d 334 (Tex. Civ. App.-1971, writ ref’d n.r.e.). The hearing officer’s ruling allowing the carrier, on cross-examination, to question the claimant’s treating doctor about the claimant’s prior complaints of back pain over the claimant’s objection that “sole cause” was not an issue was not error. We note that the claimant, on direct examination, had questioned the doctor about references in the medical records to prior low back complaints. Conflicting evidence was presented at the CCH on the disputed issue of the extent of the compensable injury. 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. 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. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is TRAVELERS INDEMNITY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is
CT CORPORATION
350 N. ST. PAUL STREET
DALLAS, TEXAS 75201.
Robert W. Potts – Appeals Judge
CONCUR:
Robert E. Lang
Appeals Panel
Manager/Judge
Philip F. O’Neill – Appeals Judge