Title: 

APD 020126

Significant Decision

Date: 

March 7, 2002

Issues: 

Existence of Compensable Inj, Extent of Injury

Table of Contents

APD 020126

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 December 11, 2001. The hearing officer resolved the disputed issues by determining that the appellant (claimant) did not sustain a compensable injury on ____________, and that her alleged injury did not extend to or include an injury to the cervical spine, thoracic spine, lumbar spine, right leg, and right hip. The claimant appealed the hearing officer’s determinations on sufficiency grounds, and, in response, the respondent (carrier) urged affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant did not sustain a compensable injury on ____________, and that her alleged injury did not extend to or include an injury to the cervical spine, thoracic spine, lumbar spine, right leg, and right hip. The parties presented conflicting evidence regarding each issue. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer decided that the claimant had not met her burden of proof, as she found the claimant’s mechanism-of-injury explanation not credible and the medical records lacking indication of an injury sustained ____________. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it 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 LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Terri Kay Oliver – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Philip F. O’Neill – Appeals Judge