Title: 

APD 020837

Significant Decision

Date: 

May 14, 2002

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 020837

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 March 5, 2002. The hearing officer resolved the disputed issues by determining that the appellant’s (claimant) compensable abdominal strain injury of ___________, does not extend to and include lumbar and cervical injuries, and that the claimant had disability, as a result of her abdominal injury, from February 14 to April 30, 2001. In her appeal, the claimant asserts error in the hearing officer’s extent-of-injury determination and the decision to end disability on April 30, 2001. 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 compensable injury sustained on ___________, does not extend to and include lumbar and cervical injuries or in ending disability on April 30, 2001. Extent of injury and disability are questions of fact for the hearing officer to resolve. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. Section 410.165(a) provides that the hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. It was for the hearing officer, as the trier of fact, to resolve the inconsistencies and conflicts in the evidence and to decide what facts that evidence established. Garza v. Commercial Ins. Co., 508 S.W.2d 701, 702 (Tex. Civ. App.-Amarillo 1974, no writ). Nothing in our review of the record reveals that the challenged determinations are so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to reverse the extent-of-injury and disability determinations on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

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

I.T.T. HARTFORD

C/O BOB TALLEY

PARAGON CENTER ONE

450 GEAR ROAD, #400

HOUSTON, TEXAS 77067.

Elaine M. Chaney

CONCUR:

Gary L. Kilgore – Appeals Judge

Michael B. McShane – Appeals Judge