Title: 

APD 020030

Significant Decision

Date: 

February 26, 2002

Issues: 

Extent of Injury

Table of Contents

APD 020030

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 December 19, 2001. With respect to the sole issue before her, the hearing officer resolved that the respondent’s (claimant) compensable injury sustained on _______________, extends to and includes the cervical spine. The appellant (carrier) appealed, and the file contained no response from the claimant.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant’s compensable injury of _______________, extends to and includes the cervical spine. The parties presented conflicting evidence regarding the extent of the claimant’s back injury. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). We conclude that the hearing officer’s decision is supported by sufficient evidence and that it 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 hearing officer’s decision and order are affirmed.

The true corporate name of the carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

MR. RUSSELL R. OLIVER, PRESIDENT

221 WEST 6TH STREET

AUSTIN, TEXAS 78701.

Terri Kay Oliver

CONCUR:

Gary L. Kilgore – Appeals Judge

Michael B. McShane – Appeals Judge