Title: 

APD 013000

Significant Decision

Date: 

January 18, 2002

Issues: 

Unavailable

Table of Contents

APD 013000

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 November 8, 2001. In resolving the issues before him, the hearing officer determined that the appellant’s (claimant) compensable low back injury of ____________, did not extend to and include her bilateral shoulders[1] and cervical spine. The claimant appealed on sufficiency grounds, seeking reversal. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant’s compensable low back injury of ____________, did not extend to and include her bilateral shoulders and cervical spine. The hearing officer believed that the claimant’s medical history belied her credibility regarding the extent of her injury. We have reviewed the determination and conclude that the issue involved fact questions for the hearing officer. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer reviewed the record and resolved what facts were established. We conclude that the hearing officer’s determination is sufficiently supported by the record and 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).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is ELECTRIC INSURANCE COMPANY and the name and address of its registered agent for service of process is

C T CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Terri Kay Oliver – Appeals Judge

CONCUR:

Robert E. Lang

Appeals Panel

Manager/Judge

Robert W. Potts – Appeals Judge

  1. In her appeal and at the CCH, the claimant withdrew her claim, if any, for injury to her left shoulder.