Title: 

APD 013061

Significant Decision

Date: 

January 29, 2002

Issues: 

Extent of Injury

Table of Contents

APD 013061

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 November 20, 2001. The only agreed-upon disputed issue was:

1.Does the compensable injury sustained on _______________, extend to and include the lumbar spine and reflex sympathetic dystrophy [RSD]?

The hearing officer determined that the compensable (right foot) injury of _______________, extends to and includes the lumbar spine and RSD.

The appellant (carrier) appeals, contending that the hearing officer “erred in failing to make specific [determinations] regarding which of [respondent] Claimant’s numerous body parts and symptoms” were included in the compensable injury citing an Appeals Panel decision. The claimant responds, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determination and conclude that the hearing officer did not err in his decision and that the decision is supported by the evidence. 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 and 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 AMERICAN PROTECTION INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Thomas A. Knapp – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Edward Vilano – Appeals Judge