Title: 

APD 020820

Significant Decision

Date: 

May 22, 2002

Issues: 

Extent of Injury

Table of Contents

APD 020820

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 25, 2002. The hearing officer determined that the respondent’s (claimant) compensable injury includes or extends to include a herniated disc at the L4-5 area, a bulging disc at the L5-S1 area, and degenerative disc disease at L4-5. The appellant (carrier) appeals on sufficiency of the evidence grounds. The claimant urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determination. The issue of extent of injury involves questions of fact for the hearing officer to resolve. The evidence was conflicting. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s determination is 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 (Tex. 1986).

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance 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

TEXAS MUTUAL INSURANCE COMPANY

221 WEST 6TH STREET

AUSTIN, TEXAS 78701.

Michael B. McShane – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Thomas A. Knapp – Appeals Judge