Title: 

APD 030436

Significant Decision

Date: 

March 24, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030436

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 30, 2003. The hearing officer determined that the respondent’s (claimant) ______________, compensable injury extends to and cervical disc disease. The appellant (carrier) appeals this decision. The claimant urges affirmance.

DECISION

Affirmed.

Whether the claimant’s compensable injury includes cervical disc disease was a factual question for the hearing officer to resolve. Conflicting evidence was presented at the hearing on the disputed issues in this case. 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. The hearing officer found that the evidence established a causal connection between the compensable injury and the claimant’s cervical disc disease. 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 hearing officer’s decision and order is affirmed.

The true corporate name of insurance carrier is SECURITY INSURANCE COMPANY OF HARTFORD and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Chris Cowan

CONCUR:

Daniel R. Barry – Appeals Judge

Thomas A. Knapp – Appeals Judge