Title: 

APD 020226

Significant Decision

Date: 

March 7, 2002

Issues: 

Extent of Injury

Table of Contents

APD 020226

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 20, 2001. The hearing officer resolved the disputed issue by deciding that the respondent/cross-appellant’s (claimant) compensable injury of ___________, does not extend to an injury to the cervical spine (neck), but does extend to and include an injury to the right shoulder (impingement syndrome with type II acromion). The appellant/cross-respondent (carrier) appeals the hearing officer’s determination that the compensable injury extends to and includes an injury to the right shoulder, and the claimant appeals the hearing officer’s determination that the compensable injury does not extend to an injury to the cervical spine.

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 involved the extent of the compensable injury. 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. 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 HIGHMARK CASUALTY COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Thomas A. Knapp – Appeals Judge