Title: 

APD 031277

Significant Decision

Date: 

June 20, 2003

Issues: 

Extent of Injury

Table of Contents

APD 031277

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 23, 2003. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of ______________, does not include the low back after August 1, 2001. The claimant appealed the hearing officer’s determination. The respondent (self-insured) responded, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determination and conclude that the issue of extent of injury involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer determined that the claimant’s compensable injury of ______________, does not include the low back after August 1, 2001. We note that the hearing officer’s extent-of-injury determination does not terminate the claimant’s lifetime medical benefits for her 1998 compensable injury. See Section 408.021(a). See also Texas Workers’ Compensation Commission Appeals No. 011447, decided August 10, 2001. 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.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

SUPERINTENDENT

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Veronica L. Ruberto – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Edward Vilano – Appeals Judge