Title: 

APD 031763

Significant Decision

Date: 

August 11, 2003

Issues: 

Extent of Injury

Table of Contents

APD 031763

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 June 12, 2003. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of ____________, does not include an injury to the left ankle and left heel plantar fasciitis. The claimant appealed, requesting reversal of the hearing officer’s decision. The respondent (carrier) responded, requesting affirmance of the hearing officer’s decision.

DECISION

Affirmed.

The parties stipulated that the carrier accepted a compensable ____________, left heel strain/sprain. The claimant had the burden to prove that his compensable injury included an injury to his left ankle and plantar fasciitis of the left heel. Conflicting evidence was presented on the disputed issue. 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. Although there is conflicting evidence in this case, we conclude that the hearing officer’s decision is supported by sufficient evidence and is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

We affirm the hearing officer’s decision and order.

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

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Margaret Turner – Appeals Judge

Edward Vilano – Appeals Judge