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 April 12, 2001. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of __________, does not extend to or include the claimant’s cervical spine. The claimant appealed and the respondent (self-insured) responded.
DECISION
The hearing officer’s decision is affirmed.
It is undisputed that on __________, the claimant sustained a compensable left knee and lumbar injury. Conflicting evidence was presented to the hearing officer with regard to the issue of whether the compensable injury extends to the claimant’s cervical area. 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 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:
Thomas A. Knapp – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge