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 21, 2000. With respect to the single issue before him, the hearing officer determined that the appellant’s (claimant) __________, compensable injury does not extend to a cervical injury. In her appeal, the claimant argues that the hearing officer’s determination in that regard is against the great weight of the evidence. In its response to the claimant’s appeal, the respondent (carrier) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s compensable injury did not extend to a cervical spine injury. There was conflicting evidence on that issue and the hearing officer was acting within his province as the sole judge of the weight and credibility of the evidence under Section 410.165 in resolving the conflicts in the evidence against the claimant. The hearing officer’s extent-of-injury determination is sufficiently supported by the evidence and nothing in our review of the record demonstrates that the challenged determination is so contrary to the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists to reverse the hearing officer’s decision on appeal. Pool v. Ford Motor Co., 715 S.W.2d 629, 635 (Tex. 1986); Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
Elaine M. Chaney – Appeals Judge
CONCUR:
Kenneth A. Huchton – Appeals Judge
Robert W. Potts – Appeals Judge