This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on September 11, 2003. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of ______________, includes the cervical spine. The appellant (self-insured) appeals, contending that the claimant suffers from an ordinary disease of life and that the credible evidence does not support the hearing officer’s decision. No response was received from the claimant.
DECISION
Affirmed.
It is undisputed that the claimant sustained a compensable injury. The disputed issue was whether the compensable injury includes the claimant’s cervical spine. The claimant had the burden of proof on the disputed issue. Conflicting evidence was presented at the CCH. 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. The claimant’s testimony and the opinions of his treating doctor and referral doctor support the hearing officer’s decision. Although there is conflicting evidence in this case, we conclude that the hearing officer’s decision is supported by sufficient evidence and that it 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 (a certified self-insured) and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Robert W. Potts
CONCUR:
Elaine M. Chaney – Appeals Judge
Margaret L. Turner – Appeals Judge