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 May 16, 2002. The hearing officer determined that the appellant’s (claimant) __________, compensable injury does not include a bulging disk at “L4-S1” and a herniated disk at L5-S1. The claimant appealed the hearing officer’s determination as being against the great weight of the evidence. The respondent (carrier) responded, urging affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s __________, compensable injury does not extend to and include a bulging disk at “L4-S1” and herniated disk at L5-S1. The issue of extent of injury presented a question of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility to be given to the evidence. Section 410.165(a). There was conflicting evidence presented on the disputed issue and the hearing officer resolved the conflicts against the claimant. The decision should not be set aside because different inferences and conclusions may be drawn upon review, even when the record contains evidence that would lend itself to different inferences. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
EDDIE STAFFORD
1417 WEST MAIN, SUITE 104
CARROLLTON, TEXAS 75006.
Daniel R. Barry – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Michael B. McShane – Appeals Judge