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 11, 2001. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of ___________, extends to and includes a lumbar disc herniation at L5-S1 and a thoracic spine injury, but does not extend to depression or sexual dysfunction. The claimant appealed the hearing officer’s determination regarding depression and sexual dysfunction. The respondent (carrier) responded, requesting affirmance. There is no appeal of the hearing officer’s determination that the compensable injury extends to and includes a lumbar disc herniation at L5-S1 and a thoracic spine injury.
DECISION
The hearing officer’s decision is affirmed.
The disputed issues of whether the claimant’s compensable injury extends to and includes depression and sexual dysfunction 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 and includes depression and sexual dysfunction. 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 AMERICAN ZURICH INSURANCE COMPANY and the name and address of its registered agent for service of process is
GEORGE MICHAEL JONES
9330 LBJ FREEWAY, SUITE 1200
DALLAS, TEXAS 75243.
Robert W. Potts – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Philip F. O’Neill – Appeals Judge