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 November 26, 2002. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of _____________, extends to the claimant’s cervical spine and left shoulder. The appellant (carrier) appealed and the claimant responded.
DECISION
Affirmed.
It is undisputed that the claimant sustained a compensable injury. The disputed issue is whether the compensable injury of _____________, extends to the cervical spine and left shoulder. Extent of injury is a factual determination for the hearing officer to resolve. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence, as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). The hearing officer determined that the claimant’s cervical and left shoulder problems were caused by the repetitive work for the employer that caused the compensable injury of _____________. Although there are conflicting medical opinions regarding whether the compensable injury extends to the claimant’s cervical spine and left shoulder, the opinion of the claimant’s treating doctor supports the hearing officer’s decision. 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 LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Robert W. Potts
CONCUR:
Edward Vilano – Appeals Judge
Roy L. Warren – Appeals Judge