Title: 

APD 021172

Significant Decision

Date: 

June 17, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021172

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 10, 2002. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury does not include the cervical spine or headaches. The claimant appealed and the respondent (carrier) responded.

DECISION

The hearing officer’s decision is affirmed.

It is undisputed that the claimant sustained a compensable injury to her right hand. The claimant had the burden of proof on the disputed issue of the extent of the compensable injury. Conflicting evidence was presented at the CCH on the disputed issue. 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 FIRE AND CASUALTY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Michael B. McShane – Appeals Judge