Title: 

APD 020070

Significant Decision

Date: 

February 27, 2002

Issues: 

Extent of Injury

Table of Contents

APD 020070

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 12, 2001. Appellant (carrier) appealed the hearing officer’s determination that the scope of the compensable injury includes an injury to the lumbar spine of the respondent (claimant). Claimant responded that the Appeals Panel should affirm the hearing officer’s decision.

DECISION

We affirm the hearing officer’s decision.

Carrier contends the hearing officer erred in determining that claimant injured his back in addition to his knee and that the injury includes the lumbar spine. We have reviewed the complained-of determination and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determination is not 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).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is TRANSPORTATION INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION

350 N. ST. PAUL

DALLAS, TEXAS 75201.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Susan M. Kelley – Appeals Judge