Title: 

APD 021044

Significant Decision

Date: 

June 12, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021044

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on April 8, 2002. The hearing officer determined that the respondent’s (claimant) compensable injury of _____________, does not extend to include the neck, right shoulder, low back, and/or right hip, and that she had disability from January 29, 2000, through the date of the CCH. The appellant (self-insured) appealed, arguing that the hearing officer erred in determining disability. The file does not contain a response from the claimant. The extent-of-injury determination has not been appealed and has become final. Section 410.169.

DECISION

Affirmed.

The issue of whether the claimant had disability is a question of fact for the hearing officer. 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 reviewed the complained-of determination. 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 (a self-insured governmental entity) and the name and address of its registered agent for service of process is

CITY SECRETARY

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Gary L. Kilgore – Appeals Judge

CONCUR:

Philip F. O’Neill – Appeals Judge

Robert W. Potts – Appeals Judge