This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was originally scheduled for July 2, 2001, but was reset and held on August 8, 2001. With respect to the disputed issues, the appellant (claimant) appealed the hearing officer’s determination that the claimant’s compensable injury does not extend to and include an injury to the lumbar spine and bilateral hips. There is no response from the respondent (carrier) in the file.
DECISION
Affirmed.
“Compensable injury” is defined in Section 401.011(10). It is undisputed that the claimant sustained a compensable injury to his cervical spine and bilateral shoulders. The issue before the hearing officer regarded the extent of the compensable injury. 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 extent of the compensable injury. 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 opinions was for the hearing officer to determine as the finder of fact. The hearing officer’s decision that the claimant’s compensable injury does not extend to and include an injury to the lumbar spine and bilateral hips 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 CONTINENTAL CASUALTY INSURANCE COMPANY and the name and address of its registered agent for service of process is
C T CORPORATION SYSTEM
350 NORTH ST. PAUL
DALLAS, TEXAS 75201.
Michael B. McShane – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Susan M. Kelley – Appeals Judge