Title: 

APD 013026

Significant Decision

Date: 

January 17, 2002

Issues: 

Unavailable

Table of Contents

APD 013026

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 October 31, 2001. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of _______________, does not extend to or include her lumbar spine. The claimant appealed and the respondent (self-insured) responded.

DECISION

The hearing officer’s decision is affirmed.

It is undisputed that the claimant sustained a compensable injury on _______________. The issue before the hearing officer was whether the compensable injury extended to the claimant’s lumbar spine. Conflicting evidence was presented on the disputed 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. The hearing officer’s decision that the compensable injury does not include the lumbar 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. 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 (CARRIER) and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Edward Vilano – Appeals Judge