Title: 

APD 023045

Significant Decision

Date: 

January 9, 2003

Issues: 

Extent of Injury

Table of Contents

APD 023045

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 November 7, 2002. The hearing officer determined that the ___________, compensable injury of respondent (claimant) is a producing cause of aggravation, acceleration, and worsening of claimant’s preexisting degenerative disc disease. Appellant (carrier) appealed the determination on sufficiency grounds. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determination and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We note that claimant said he did have back pain the day after his injury. Further, claimant’s doctor said that claimant’s symptoms, which included pain down his right leg, “are coming from his lumbar spine.” We conclude that the hearing officer’s determination is supported by the record and is not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

SC

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Judy L. S. Barnes – Appeals Judge

CONCUR:

Terri Kay Oliver – Appeals Judge

Robert W. Potts – Appeals Judge