Title: 

APD 022694

Significant Decision

Date: 

December 10, 2002

Issues: 

Extent of Injury

Table of Contents

APD 022694

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 23, 2002. The hearing officer determined that the compensable injury of appellant/cross-respondent (claimant) extends to and includes lumbar spondylolisthesis at L4 on L5 but does not extend to disc bulges at L3-4, L4-5, and L5-S1. Claimant appealed the determination that the injury does not extend to disc bulges at L3-4, L4-5, and L5-S1 on sufficiency grounds. Respondent/cross-appellant (carrier) responded that the Appeals Panel should affirm the hearing officer’s determination that the injury does not extend to disc bulges at L3-4, L4-5, and L5-S1. Carrier appealed the determination that the compensable injury extends to spondylolisthesis. The file does not contain a response from claimant.

DECISION

We affirm.

We have reviewed the complained-of determinations in the appeal and cross-appeal and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determinations are supported by the record and are not 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).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, 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 SYSTEMS

350 NORTH ST. PAUL

DALLAS, TEXAS 75201.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Margaret L. Turner – Appeals Judge