Title: 

APD 022970

Significant Decision

Date: 

January 7, 2003

Issues: 

Comp/W Choice Doctor Req’ment, Extent of Injury

Table of Contents

APD 022970

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 October 30, 2002. The hearing officer determined that Dr. M is the appellant’s (claimant) initial choice of treating doctor; that the claimant was not required to request a change of treating doctor to Dr. M;and that the compensable injury of ____________, extends to an injury to the thoracic spine but not to the cervical spine, nor to headaches. The claimant appeals all determinations that are “against the Claimant”. There is no response from the respondent (carrier) contained in our file.

DECISION

We affirm the hearing officer’s decision.

Whether the claimant’s compensable injury extended to her cervical spine or included her headaches was a factual question for the hearing officer to determine. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established from the evidence presented. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). An appeals-level body is not a fact finder and does not normally pass upon the credibility of witnesses or substitute its own judgment for that of the trier of fact, even if the evidence would support a different result. National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Soto, 819 S.W.2d 619, 620 (Tex. App.-El Paso 1991, writ denied); American Motorists Insurance Co. v. Volentine, 867 S.W.2d 170 (Tex. App.-Beaumont 1993, no writ).

The record in this case presented conflicting evidence for the hearing officer to resolve. In considering all the evidence in the record, we cannot agree that the findings of the hearing officer are so against the great weight and preponderance of the evidence as to be manifestly wrong and unjust. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We therefore affirm the decision and order.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

ROBERT PARNELL

8144 WALNUT HILL LANE, SUITE 1600

DALLAS, TEXAS 75231-4813.

Susan M. Kelley – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Terri Kay Oliver – Appeals Judge