Title: 

APD 012990

Significant Decision

Date: 

January 23, 2002

Issues: 

Unavailable

Table of Contents

APD 012990

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 November 13, 2001. In resolving the issues before her, the hearing officer decided that the respondent’s (claimant) compensable injury of ______________, included his diagnosed spondylolisthesis at L5-S1. The appellant (carrier) filed a request for review and sought reversal on sufficiency grounds and the claimant responded.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant’s compensable injury of ______________, included his diagnosed spondylolisthesis at L5-S1. Conflicting evidence was presented on this issue. 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. This is equally true of medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). We have held that extent of injury is a fact question for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 960407, decided April 10, 1996. The hearing officer was persuaded by the claimant’s testimony and medical reports in evidence that the claimant’s compensable injury included his diagnosed spondylosthesis at L5-S1. The hearing officer’s determination 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 true corporate name of the insurance carrier is CONTINENTAL CASUALTY COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Terri Kay Oliver – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Robert W. Potts – Appeals Judge