Title: 

APD 022553

Significant Decision

Date: 

November 25, 2002

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 022553

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 September 9, 2002. The hearing officer determined that the appellant’s (claimant) compensable injury of _______________, does not include the diagnosed condition of syringomyelia, and that he does not have disability resulting from the compensable injury. The claimant appealed on sufficiency of the evidence grounds. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determinations. The issues of extent of injury and disability involve questions of fact for the hearing officer to resolve. The evidence before the hearing officer was conflicting. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). Nothing in our review of the record demonstrates that the challenged determinations are so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb those determinations on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). This is so even though another fact finder may well have drawn different inferences from the evidence which would have supported a different result. Salazar, et al. v. Hill, 551 S.W.2d 518 (Tex. Civ. App.-Corpus Christi 1977, writ ref’d n.r.e.).

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is SENTRY SELECT INSURANCE COMPANY and the name and address of its registered agent for service of process is

TREVA DURHAM

1000 HERITAGE CENTER CIRCLE

ROUND ROCK, TEXAS 78664.

Veronica L. Ruberto – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Michael B. McShane

Appeals Panel

Manager/Judge