Title: 

APD 023183

Significant Decision

Date: 

February 10, 2003

Issues: 

Extent of Injury

Table of Contents

APD 023183

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 8, 2002. The hearing officer determined that the compensable injury sustained by the appellant (claimant) on ___________, does not extend to and include L2-3 spondylosis and disc herniation or dessication at L4-5 with disc bulge and annular disruption and radiculopathy. The claimant appeals this decision. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

Conflicting evidence was presented at the hearing regarding the extent of injuries sustained by the claimant on the date of injury. Extent of injury is a question of fact for the hearing officer to resolve. 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 from the evidence presented. Nothing in our review of the record indicates that the hearing officer’s decision is 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).

The hearing officer’s decision and order is affirmed.

The true corporate name of the insurance carrier is UNIVERSAL UNDERWRITERS INSURANCE COMPANY and the name and address of its registered agent for service of process is

RON JOHNSON

101 EAST PARK BOULEVARD, SUITE 200

PLANO, TEXAS 75074.

Chris Cowan – Appeals Judge

CONCUR:

Edward Vilano – Appeals Judge

Roy L. Warren – Appeals Judge