Title: 

APD 031239

Significant Decision

Date: 

June 25, 2003

Issues: 

Extent of Injury

Table of Contents

APD 031239

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 April 22, 2003. The hearing officer determined that the appellant’s (claimant) _____________, compensable injury does not include the right knee, anxiety or depression. The claimant appeals the hearing officer’s decision. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

Extent of injury is a factual question 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). Nothing in our review of the record reveals 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 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

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

LEO MALO

12222 MERIT DRIVE, SUITE 700

DALLAS, TEXAS 75251.

Chris Cowan

CONCUR:

Thomas A. Knapp – Appeals Judge

Margaret L. Turner – Appeals Judge