Title: 

APD 030367

Significant Decision

Date: 

March 27, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030367

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 January 17, 2003. The hearing officer determined that the respondent’s (claimant) compensable injury of ___________, extends to and includes an injury to the cervical and lumbar spine. The appellant (carrier) appeals and the claimant responds, urging affirmance.

DECISION

Affirmed.

Whether the claimant’s injury extended to and included an injury to the cervical and lumbar spine involved factual questions 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 Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are 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); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We have reviewed the matters complained of on appeal and conclude that the hearing officer’s decision is supported by sufficient evidence.

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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.

Roy L. Warren – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Chris Cowan – Appeals Judge