Title: 

APD 030714

Significant Decision

Date: 

May 7, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030714

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 February 19, 2003. The hearing officer determined that the ____________, compensable injury of respondent (claimant) extends to the diagnosis of patella femoral instability of the right knee. Appellant (carrier) appealed this determination on sufficiency grounds. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determination regarding extent of injury and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer could credit the report and testimony of Dr. D in determining this issue. The hearing officer was not required to seek clarification from Dr. B[1] in this case. We conclude that the hearing officer’s determination is supported by the record and is not 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).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is FIDELITY AND GUARANTY INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Chris Cowan – Appeals Judge

Margaret L. Turner – Appeals Judge

  1. The medical professionals involved in this case are not related to any employee of the Appeals Panel.