Title: 

APD 012163

Significant Decision

Date: 

October 25, 2001

Issues: 

Extent of Injury

Table of Contents

APD 012163

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 August 23, 2001. With respect to the disputed issues, the appellant (carrier) appealed the hearing officer’s determination that the compensable injury includes injuries to the respondent’s (claimant) head and cervical spine. The claimant did not file a response.

DECISION

Affirmed.

“Compensable injury” is defined in Section 401.011(10). It is undisputed that the claimant sustained a compensable injury to her left eye. The issue before the hearing officer regarded the extent of the compensable injury. We have held that the issue 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. 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. Conflicting evidence was presented regarding the extent of the compensable injury. 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 includes her head and cervical spine 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 LIBERTY MUTUAL FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is

C T CORPORATION SYSTEM

350 N. ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Michael B. McShane – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Susan M. Kelley – Appeals Judge