Title: 

APD 011749

Significant Decision

Date: 

September 12, 2001

Issues: 

Extent of Injury

Table of Contents

APD 011749

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 July 10, 2001, with the record closing on July 11, 2001. With respect to the disputed issue, the appellant (self-insured) appealed the hearing officer’s determination that the compensable injury of _____________, includes the claimant’s right shoulder, right leg and right ankle. No response was received from the claimant.

DECISION

The hearing officer’s decision is affirmed.

The parties stipulated that the claimant sustained a compensable injury to her cervical and lumbar areas. The issue before the hearing officer regarded the extent of the compensable injury. The hearing officer determined that the claimant’s compensable injury includes her right shoulder, right leg, and right ankle, in addition to her cervical and lumbar areas. We have held that the question of the extent of injury is a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. Conflicting evidence was presented regarding the disputed issue. 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. The weight to be given to the claimant’s testimony and the conflicting medical reports was for the hearing officer to determine as the finder of fact. 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.

The true corporate name of the insurance carrier is HYATT CORPORATION and the name and address of its registered agent for service of process is

CSC

800 BRAZOS

AUSTIN, TEXAS 78701.

Robert W. Potts

CONCUR:

Elaine M. Chaney – Appeals Judge

Thomas A. Knapp – Appeals Judge