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 September 17, 2003. The hearing officer resolved the disputed issues by deciding that the compensable injury of _____________, extends to include the cervical spine and left shoulder, and that the respondent (claimant) was entitled to choose Dr. L as his original choice of treating doctors. The appellant (carrier) appealed, arguing that the hearing officer’s determinations are against the great weight and preponderance of the evidence. The claimant responded, urging affirmance.
DECISION
Affirmed.
The parties stipulated that the claimant sustained a compensable left thumb amputation injury on _____________. The claimant had the burden to prove that his compensable injury includes the cervical spine and left shoulder, and that he was entitled to change treating doctors under the criteria of Section 408.022 and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 126.9 (Rule 126.9). Conflicting evidence was presented on the disputed issues. 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 determination that the compensable injury extends to include the cervical spine and left shoulder 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). In addition, the hearing officer found that Dr. S was a doctor providing emergency care, and that the claimant was entitled to select Dr. L as the claimant’s original choice of treating doctor. This finding is likewise supported by sufficient evidence.
We affirm the decision and order of the hearing officer.
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 F. MALO
12222 MERIT DRIVE, SUITE 700
DALLAS, TEXAS 75251.
Michael B. McShane
Appeals Panel
Manager-Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Edward Vilano – Appeals Judge