Title: 

APD 021096

Significant Decision

Date: 

June 17, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021096

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 April 17, 2002. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of ______________, extends to and includes coccyxdinia in addition to the lumber spine. The appellant (carrier) appealed and the claimant responded.

DECISION

The hearing officer’s decision is affirmed.

It is undisputed that the claimant sustained a compensable injury to her lumbar spine. The record reflects that the injury occurred when the claimant fell onto her buttocks at work. The disputed issue is whether the compensable injury extends to and includes coccyxdina, which is a condition that was diagnosed by the claimant’s treating doctor after the claimant had surgery for her lumbar spine injury. The treating doctor opined that the claimant’s coccyx pain is likely due to her fall. The carrier’s doctor appears to hold a contrary opinion. 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. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it 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 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

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

JIM ADAMS, ATTORNEY

450 GEARS ROAD, SUITE 500

HOUSTON, TEXAS 77067.

Robert W. Potts – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Susan M. Kelley – Appeals Judge