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 28, 2001. The hearing officer determined that the appellant’s (claimant) treating doctor is Dr. P; that the compensable injury of _______________, does not extend to and include a large herniated disc at L3-4; and that the claimant did not sustain disability as a result of the injury. The claimant appealed, arguing that the hearing officer’s determinations regarding compensability and disability are against the great weight and preponderance of the evidence as to be clearly wrong and unjust. The respondent (carrier) filed a response, urging affirmance. The determination that the claimant’s treating doctor is Dr. P has not been appealed and has become final. Section 410.169.
DECISION
Affirmed.
The claimant testified that on _______________, she attempted to stand up from her chair, but was unable to because the chair’s armrest got stuck under her desk and her legs hit against the chair, causing a pop to her back. The medical reports in evidence indicate that Dr. P diagnosed the claimant with a muscle sprain/strain on _______________. Dr. P took the claimant off work for one day and released her to full duty. The claimant was terminated from her employment on July 12, 2001, and thereafter diagnosed with a large lumbar herniation.
It is the hearing officer, as the sole judge of the weight and credibility of the evidence (Section 410.165(a)), who resolves the conflicts and inconsistencies in the evidence, Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ), and determines what facts have been established from the conflicting evidence. St. Paul Fire & Marine Insurance Company v. Escalera, 385 S.W.2d 477 (Tex. Civ. App.-San Antonio 1964, writ ref’d n.r.e.). This is equally true of medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust and we do not find them so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
The hearing officer did not err in determining that the claimant’s compensable strain injury does not extend to and include a large herniated disc at L3-4. Extent of injury is a question of fact. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993.
Likewise, the hearing officer did not err in determining that the claimant did not sustain disability as a result of the compensable injury. The hearing officer could consider that the claimant was able to work in the capacity of a clerk at full duty after the injury.
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
SUITE 750
COMMODORE I
AUSTIN, TEXAS 78701.
Susan M. Kelley – Appeals Judge
CONCUR:
Michael B. McShane – Appeals Judge
Edward Vilano – Appeals Judge