Title: 

APD 031805

Significant Decision

Date: 

August 14, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 031805

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 May 23, 2003. The hearing officer resolved the disputed issues by deciding that the compensable injury of ______________, does not extend to include injury to the cervical spine or low back and that the appellant (claimant) has not suffered disability as a result of the compensable injury. The claimant appealed, essentially on sufficiency of the evidence grounds. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

The parties stipulated that the carrier has accepted an injury in the course and scope of the claimant’s employment on ______________, to the bilateral hands. At issue was whether the compensable injury extended to include the cervical spine and the lumbar spine and whether the claimant had disability. We have reviewed the complained-of determinations. Extent of injury and disability are issues for the hearing officer as fact finder to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer was acting within his province as the fact finder in resolving the evidence in the manner that he did and nothing in our review of the record demonstrates that the hearing officer’s determinations are so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986); Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is ST. PAUL FIRE & MARINE INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Margaret L. Turner

CONCUR:

Judy L. S. Barnes – Appeals Judge

Edward Vilano – Appeals Judge