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 March 16, 2004. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of ______________, includes a herniated disc at L4-5. The appellant (carrier) appeals, contending that the hearing officer’s decision is not supported by the evidence and is against the great weight and preponderance of the evidence. The claimant asserts that sufficient evidence supports the hearing officer’s decision.
DECISION
Affirmed.
It is undisputed that the claimant sustained a compensable injury to her lower back. The issue of whether the claimant’s compensable injury includes a herniated disc at L4-5 presented a fact question for the hearing officer to resolve from the conflicting evidence presented at the CCH. 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. Although there is conflicting evidence in this case, 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).
We affirm the hearing officer’s decision and order.
The true corporate name of the insurance carrier is ARCH INSURANCE COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Robert W. Potts – Appeals Judge
CONCUR:
Daniel R. Barry – Appeals Judge
Elaine M. Chaney – Appeals Judge