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 19, 2001. The hearing officer resolved the disputed issues by deciding that the appellant’s (claimant) compensable injury of ___________, does not extend to or include his neck, and that the compensable low back injury of ___________, is a producing cause of the claimant’s low back condition on and after ___________. The claimant appealed the hearing officer’s decision that his compensable injury does not extend to or include his neck. No response was received from the respondent (carrier). There is no appeal of the hearing officer’s decision that the compensable low back injury of ___________, is a producing cause of the claimant’s low back condition on and after ___________.
DECISION
The hearing officer’s decision is affirmed.
The parties stipulated that on ___________, the claimant sustained a compensable low back injury while in the course and scope of employment. Conflicting evidence was presented on the issue of whether the compensable injury extended to an injury to the claimant’s neck. 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 claimant has not shown reversible error in the hearing officer’s ruling excluding Claimant’s Exhibit No. 12, which was not timely exchanged with the carrier.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is HARTFORD UNDERWRITERS INSURANCE and the name and address of its registered agent for service of process is
C/O BARBARA SACHSE
9020 N. CAPITAL OF TEXAS HIGHWAY, STE. 555
AUSTIN, TEXAS 78759-7232.
Robert W. Potts – Appeals Judge
CONCUR:
Chris Cowan – Appeals Judge
Susan M. Kelley – Appeals Judge