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 September 24, 2001. The appellant (self-insured) appeals the hearing officer’s determinations that the respondent’s (claimant) compensable injury of ___________, includes a C4-5 herniated disc and that the claimant had disability as a result of the compensable injury from May 10, 2000, and continuing through the date of the CCH. There is no response from the claimant contained in our file.
DECISION
Affirmed.
There was conflicting evidence concerning each of the findings. Section 410.165(a) provides that the hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. 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. 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. The hearing officer’s decision that the claimant’s compensable injury includes a C4-5 herniated disc and that the claimant has disability as a result of the compensable injury from May 10, 2000, and continuing through the date of the CCH, 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. When reviewing a hearing officer’s decision for factual sufficiency of the evidence we should reverse such decision only if it is so contrary to the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Pool v. Ford Motor Co., 715 S.W.2d 629, 635 (Tex. 1986). Applying this standard, we find no grounds to reverse the factual findings of the hearing officer.
The decision and order of the hearing officer are affirmed.
The true corporate name of the self-insured employer is (SELF-INSURED) and the name and address of its registered agent for service of process is
RM
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Michael B. McShane – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Robert W. Potts – Appeals Judge