Title: 

APD 022891

Significant Decision

Date: 

December 30, 2002

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 022891

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on October 22, 2002. The hearing officer resolved the disputed issues by deciding that the respondent’s (claimant) compensable injury of ____________, extends to include a bulging disc at L5-S1 and an annular tear at L4-5, and that the claimant has had disability beginning August 6, 2001, and continuing through the date of the CCH. The appellant (carrier) appealed. No response was received from the claimant.

DECISION

The hearing officer’s decision is affirmed.

It is undisputed that the claimant sustained a compensable back injury on ____________. Conflicting evidence was presented at the CCH on the disputed issues regarding the extent of the compensable injury and disability, which is defined in Section 401.011(16). 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 claimant’s testimony, and the reports of the treating doctor and referral doctors, support the hearing officer’s determinations on the disputed issues. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it 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).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Thomas A. Knapp – Appeals Judge