Title: 

APD 013221

Significant Decision

Date: 

January 31, 2002

Issues: 

Extent of Injury

Table of Contents

APD 013221

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 16, 2001. On the sole issue, the hearing officer determined that the compensable injury did not extend to include the right knee. The appellant (claimant) appeals the hearing officer’s determination on sufficiency grounds. The respondent (carrier) responds, urging affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the compensable injury did not extend to include the right knee. This was a question of fact for the hearing officer to resolve. Texas Workers’ Compensation Commission Appeal No. 001909, decided September 27, 2000. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

The true corporate name of the self-insured is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

GH

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Edward Vilano

CONCUR:

Judy L. S. Barnes – Appeals Judge

Elaine M. Chaney – Appeals Judge