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At a Glance:
Title:
APD 010622
Date:
April 23, 2001

APD 010622

April 23, 2001

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 March 6, 2001. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of _________, does not extend to include an injury to the claimant’s back. The claimant appealed and the respondent (carrier) responded.

DECISION

The hearing officer’s decision is affirmed.

The parties stipulated that the claimant sustained a compensable groin injury on _________. The injury occurred when the claimant was pushing a piece of sheet metal into a machine. There is conflicting evidence with regard to the issue of whether the claimant’s compensable injury of _________, extends to his back. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier 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’s decision that the compensable injury of _________, does not extend to include an injury to the claimant’s back is supported by sufficient evidence and is not so against the great weight and preponderance 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:

Judy L. S. Barnes
Appeals Judge

Elaine M. Chaney
Appeals Judge

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