Title: 

APD 021012

Significant Decision

Date: 

June 10, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021012

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 20, 2002. The hearing officer determined that the appellant’s (claimant) compensable injury of ____________, does not include herniated discs in the cervical spine at C5-6 or C6-7. The claimant appealed, arguing essentially that the hearing officer’s extent-of-injury determination is against the great weight and preponderance of the evidence. The respondent (self-insured) responded urging affirmance.

DECISION

Affirmed.

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 the 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). This is so even though another fact finder might draw other inferences and reach other conclusions. Salazar, et al. v. Hill, 551 S.W.2d 518 (Tex. Civ. App.-Corpus Christi 1977, writ ref’d n.r.e.).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

DIRECTOR OF EMPLOYEE BENEFITS AND RISK MANAGEMENT

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Gary L. Kilgore – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Susan M. Kelley – Appeals Judge