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 July 31, 2002. The hearing officer determined that the respondent’s (claimant) ______________, compensable injury extends to and includes an injury to the cervical spine and that he has had disability from March 3, 2002, continuing to the date of the hearing. The appellant (carrier) appealed on sufficiency of the evidence grounds. The claimant responded, urging affirmance.
DECISION
Affirmed.
It is undisputed that the claimant sustained a compensable injury on ______________. The disputed issues involved the extent of the compensable injury and whether the claimant has had disability, as defined by Section 401.011(16). The claimant had the burden of proof on the disputed issues. Conflicting evidence was presented at the hearing. 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. The hearing officer’s determinations on the disputed issues are supported by the claimant’s testimony and by the medical records of the claimant’s treating doctor and referral doctors. 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 (Tex. 1986).
affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is
CT CORPORATION
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Michael B. McShane – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge