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 June 7, 2002. The hearing officer determined that the appellant’s (claimant) compensable injury of _____________, does not extend to or include the cervical or thoracic areas. The claimant appeals on sufficiency of the evidence grounds. The respondent (carrier) responds, urging affirmance.
DECISION
Affirmed as reformed.
The hearing officer has erroneously listed the date of injury as _____________, in the Statement of the Evidence, in Finding of Fact No. 5, in Conclusion of Law No. 2, and in the Decision paragraph. We reform those portions of the Decision and Order to reflect the correct date of injury of _____________.
Extent of injury is a factual determination for the hearing officer to resolve. There was conflicting medical evidence presented to the hearing officer. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence, as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). The hearing officer did not find the treating doctor’s opinions credible, because they were based on what the claimant told him, and the hearing officer specifically noted that the claimant’s credibility was impeached by her alteration of a medical record. The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly 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). We have reviewed the matters complained of on appeal and conclude that the hearing officer’s decision is supported by sufficient evidence.
We affirm the decision and order of the hearing officer as reformed.
The true corporate name of the insurance carrier is STATE OFFICE OF RISK MANAGEMENT (a self-insured governmental entity) and the name and address of its registered agent for service of process is
For service in person the address is:
RON JOSSELET, EXECUTIVE DIRECTOR
STATE OFFICE OF RISK MANAGEMENT
300 W. 15TH STREET
WILLIAM P. CLEMENTS, JR. STATE OFFICE BUILDING, 6TH FLOOR
AUSTIN, TEXAS 78701.
For service by mail the address is:
RON JOSSELET, EXECUTIVE DIRECTOR
STATE OFFICE OF RISK MANAGEMENT
P.O. BOX 13777
AUSTIN, TEXAS 78711-3777.
Michael B. McShane – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge