Title: 

APD 020547

Significant Decision

Date: 

April 17, 2002

Issues: 

Extent of Injury

Table of Contents

APD 020547

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 February 4, 2002. With respect to the disputed issues, the appellant/cross-respondent (claimant) appealed the hearing officer’s determination that the compensable injury does not extend to the left upper extremity, the right leg, and the cervical spine. The respondent/cross-appellant (carrier) responds, urging affirmance, and appeals the hearing officer’s determination that the injury extends to and includes depression.

DECISION

The hearing officer’s decision is affirmed.

ACompensable injury is defined in Section 401.011(10). It is undisputed that the claimant sustained a compensable injury to his lumbar spine. The issue before the hearing officer regarded the extent of the compensable injury. Conflicting evidence was presented regarding the extent of the compensable injury. 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 from the evidence presented. We have held that the question of extent of injury is a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. 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, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is ASSOCIATED CASUALTY INSURANCE COMPANY and the name and address of its registered agent for service of process is

HAROLD FISHER, PRESIDENT

3420 EXECUTIVE CENTER DRIVE, SUITE 200

AUSTIN, TEXAS 78731.

Gary L. Kilgore – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Philip F. O’Neill – Appeals Judge