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 August 1, 2001. The appellant (carrier) appealed the hearing officer’s decision that the respondent’s (claimant) compensable injury of _______________, extends to include the right hip, which injury is described as a non-displaced fracture through the high femoral neck and a large effusion with extensive bone marrow edema. There was no appeal of the hearing officer’s decision that the compensable injury does not include bilateral avascular necrosis of the hips. In Texas Workers’ Compensation Commission Appeal No. 012008, decided October 16, 2001, the Appeals Panel remanded the case to the hearing officer for the hearing officer to obtain from the carrier its registered agent information as required under Section 410.164(c). The required information was obtained on remand. In the decision on remand, the hearing officer made the same determinations as he had in the original decision. The carrier appealed. No response was received from the claimant. There is no appeal of the hearing officer’s decision that the compensable injury does not include bilateral avascular necrosis of the hips.
DECISION
The hearing officer’s decision on remand is affirmed.
The claimant testified that on _______________, he was performing his work duties moving a large jack stand when it slipped and he fell forward. He said he had pain in his lower back and right side when the accident occurred. The parties stipulated that the claimant sustained a compensable injury on _______________, and that the carrier has accepted a low back injury. We do not agree with the carrier’s contention that the hearing officer exceeded the scope of the issues that were before him. The issue from the benefit review conference was whether the compensable injury includes bilateral avascular necrosis of the hips. At the claimant’s request, and with no objection by the carrier, the hearing officer added an issue of whether the compensable injury extends to include a nondisplaced fracture through the high femoral neck of the right hip. The parties actually litigated whether the claimant sustained a right hip injury on _______________, and, if so, what the nature of that injury was. The hearing officer found that the claimant injured his right hip in the incident of _______________, and determined that the compensable injury includes the right hip, which injury has been described as a nondisplaced fracture through the high femoral neck and a large effusion with extensive bone marrow edema. There is conflicting evidence in this case. 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).
We decline to consider the October 4, 2001, peer review report attached to the carrier’s appeal. The report was not made a part of the CCH record. The Appeals Panel considers the record developed at the CCH. Section 410.203(a)(1). Furthermore, the carrier has not shown that the report constitutes newly discovered evidence. See Jackson v. Van Winkle, 660 S.W.2d 807 (Tex. 1983); Texas Workers’ Compensation Commission Appeal No. 93311, decided June 7, 1993.
The hearing officer’s decision and order on remand are affirmed.
The true corporate name of the insurance carrier is LEGION INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS STREET
AUSTIN, TEXAS 78701.
Robert W. Potts – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Michael B. McShane – Appeals Judge