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 held on October 18, 2001. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of __________, extends to a thoracic spine injury, but does not extend to a cervical spine injury, an inguinal hernia, or headaches. The claimant appealed the hearing officer’s determinations regarding the cervical spine, inguinal hernia, and headaches, requesting reversal. The respondent (carrier) responded, requesting affirmance. There is no appeal of the hearing officer’s determination that the compensable injury extends to a thoracic spine injury, which was based on a stipulation of the parties.
DECISION
The hearing officer’s decision is affirmed.
The disputed issues of whether the claimant’s compensable injury extends to a cervical spine injury, an inguinal hernia, or headaches, presented fact questions for the hearing officer to determine from the evidence presented at the CCH. The claimant had the burden to prove the extent of his compensable injury. Texas Workers’ Compensation Commission Appeal No. 001769, decided September 8, 2000. The hearing officer determined that the claimant did not sustain his burden of proof with regard to his contention that the compensable injury extends to a cervical spine injury, an inguinal hernia, and headaches. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). 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. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is ASSOCIATION CASUALTY INSURANCE COMPANY and the name and address of its registered agent for service of process is
HAROLD FISHER, PRESIDENT
3420 EXECUTIVE CENTER DRIVE
AUSTIN, TEXAS 78731.
Robert W. Potts – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge