On May 3, 2000, a contested case hearing (CCH) was held. The CCH was held under the provisions of the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury to her lower back on __________, and that the claimant had disability from September 7, 1999, through March 28, 2000. The appellant (self-insured) requests that the hearing officer’s decision be reversed and that a decision be rendered in its favor. The claimant requests that the hearing officer’s decision be affirmed.
DECISION
Affirmed.
The claimant began working as an assistant librarian for the self-insured in June 1999. The claimant testified that on __________, while pushing a cart of books at work, she felt pain in her left hip that extended into her lower back. The claimant went to Dr. T on __________, and he diagnosed the claimant as having left trochanteric bursitis. Dr. T saw the claimant again on August 31, 1999, at which time he diagnosed the claimant as having mild lumbar arthritis, disc disease, and an old vertebral compression. The claimant began treating with Dr. B on September 7, 1999. Dr. B diagnosed the claimant as having segmental dysfunction of the lumbar and cervical regions and a thoracic sprain/strain and took the claimant off work. Dr. B wrote on September 10, 1999, that the claimant is under his care for an ________ work injury and that he is treating the claimant for cervico-thoracic injuries, low back injuries, and wrist pain. Dr. B has continued to treat the claimant and wrote on March 6, 2000, that he had restricted the claimant from all work activities beginning on September 7, 1999, and that the claimant would remain off work until further notice. A lumbar MRI done in January 2000 showed disc desiccation and disc bulges.
The hearing officer found that the claimant sustained an injury to her lower back in the course and scope of her employment on __________, and that due to the claimed injury, the claimant was unable to obtain and retain employment at wages equivalent to her preinjury wages beginning on September 7, 1999, and continuing through March 28, 2000. The hearing officer concluded that the claimant sustained a compensable injury to her lower back on __________, and that the claimant had disability resulting from an injury sustained on __________, beginning on September 7, 1999, and continuing through March 28, 2000. The self-insured appeals the hearing officer’s decision on the issues of compensable injury and disability, contending that the claimant has an ordinary disease of life that is not compensable.
In Workers’ compensation cases, the issues of injury and disability may generally be established by the testimony of the claimant alone. Houston General Insurance Company v. Pegues, 514 S.W.2d 492 (Tex. Civ. App.-Texarkana 1974, writ ref’d n.r.e.). As the finder of fact, the hearing officer resolves conflicts in the evidence and may believe all, part, or none of the testimony of any witness. Texas Workers’ Compensation Commission Appeal No. 950084, decided February 28, 1995. The hearing officer is the judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer was apparently persuaded by the claimant’s testimony and by Dr. B’s reports that the claimant sustained a low back injury while performing her work duties. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.
The hearing officer’s decision and order are affirmed.
Robert W. Potts – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Philip F. O’Neill – Appeals Judge