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 13, 2001. The hearing officer determined that the compensable injury sustained by the respondent (claimant) on ____________, extends to and includes an injury to the cervical spine. The appellant (carrier) urges on appeal that this determination is not supported by sufficient evidence or, alternatively, is against the great weight and preponderance of the evidence. The claimant urges affirmance.
DECISION
Affirmed.
At issue in this case is whether the hearing officer erred in determining that the compensable injury sustained by the claimant on ____________, includes an injury to the cervical spine. Extent of injury is a question of fact for the hearing officer to resolve. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. Section 410.165(a) provides that the contested case hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. Nothing in our review of the record indicates that the hearing officer’s extent-of-injury determination is 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 decision and order of the hearing are affirmed.
The true corporate name of the carrier is TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY, an impaired carrier and the name and address of its registered agent for service of process is
MARVIN KELLY, EXECUTIVE DIRECTOR
T. P. C. I. G. A.
9120 BURNET RD.
AUSTIN, TEXAS 78758.
Chris Cowan – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Thomas A. Knapp – Appeals Judge