Title: 

APD 030789

Significant Decision

Date: 

May 15, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030789

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 25, 2003. The hearing officer determined that the compensable injury sustained by the appellant (claimant) on ____________, does not extend to or include injuries to her right shoulder or cervical spine. The claimant appeals this decision. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

Extent of injury is a factual question for the hearing officer to resolve. Section 410.165(a) provides that the contested case hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given to the evidence. 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 decision and order of the hearing officer is affirmed.

The true corporate name of the insurance carrier is LIBERTY MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Chris Cowan – Appeals Judge

CONCUR:

Robert W. Potts – Appeals Judge

Edward Vilano – Appeals Judge