Title: 

APD 010298

Significant Decision

Date: 

March 27, 2001

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Extent of Injury

Table of Contents

APD 010298

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On January 10, 2001, a hearing was held. The hearing officer resolved the disputed issues by deciding that the respondent’s (claimant) compensable injury to her lumbar spine of ________ is not a producing cause of the claimant’s current low back condition diagnosed after ________ that on ________ the claimant sustained a compensable injury; that the ________ compensable injury is to the claimant’s low back and sacroiliac joint region; and that as a result of the ________ compensable injury, the claimant had disability on February 4, 2000, February 7, 2000, February 22, 2000, February 29, 2000, March 7, 2000, April 26, 2000, May 2, 2000, May 22, 2000, May 26, 2000, June 2, 2000, June 16, 2000, June 20, 2000, June 21, 2000, June 29, 2000, July 17, 2000, July 21, 2000, and from June 30, 2000, through July 6, 2000. The appellant (carrier) appealed. No responses were filed.

DECISION

The hearing officer’s decision is affirmed.

The parties presented conflicting evidence with regard to the disputed issues. The hearing officer resolved the conflicts in favor of the claimant. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer’s decision on the disputed issues is supported by the claimant’s testimony, the opinion of the claimant’s treating doctor, and the opinion of the doctor chosen by the Texas Workers’ Compensation Commission to evaluate the claimant. 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.

The hearing officer’s decision and order are affirmed.

Robert W. Potts – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Thomas A. Knapp – Appeals Judge