Title: 

APD 023309

Significant Decision

Date: 

February 7, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 023309

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 appellant’s (claimant) compensable injury does not extend to or include an injury to the cervical, thoracic or lumbar areas, or intermittent body cramping, and that the claimant did not have disability. The claimant appeals this decision. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

Whether the compensable injury included the conditions alleged by the claimant and whether he had disability were factual questions 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 TEXAS PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION for Paula Insurance Company, an impaired carrier and the name and address of its registered agent for service of process is

MARVIN KELLEY, EXECUTIVE DIRECTOR

T.P.C.I.G.A

9120 BURNET ROAD

AUSTIN, TEXAS 78758.

Chris Cowan – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Terri Kay Oliver – Appeals Judge