Title: 

APD 030163

Significant Decision

Date: 

March 10, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 030163

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 14, 2002. The hearing officer determined that the compensable injury sustained by the appellant (claimant) on ____________, does not extend to or include a herniated disc at L5-S1, and that he did not have disability. The claimant appeals this decision. The appeal file contains no response from the respondent (carrier).

DECISION

Affirmed.

Whether the claimant’s compensable injury included a disc herniation at L5-S1 and whether the claimant had disability were factual questions for the hearing officer to resolve. 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 from the evidence presented. Nothing in our review of the record indicates that the hearing officer’s decision is 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).

The claimant expresses in his appeal that he has been discriminated against. However, he does not specify whether the alleged discrimination occurred at the hearing, nor does he give any details relating to the discrimination. Our review of the record does not in any way indicate that the hearing officer discriminated against the claimant.

The hearing officer’s decision and order is affirmed.

The true corporate name of the insurance carrier is CONTINENTAL CASUALTY 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.

Chris Cowan

CONCUR:

Elaine M. Chaney – Appeals Judge

Gary L. Kilgore – Appeals Judge