Title: 

APD 020285

Significant Decision

Date: 

March 14, 2002

Issues: 

Extent of Injury

Table of Contents

APD 020285

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on December 21, 2001. The hearing officer determined that the compensable neck and right hip injury of ____________, does not extend to a diagnosed lumbar disk injury and left hip pain.

The appellant (claimant) appealed, reiterating much of the evidence from the CCH and emphasizing portions that support his position. The respondent (carrier) responds, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. It is undisputed that the claimant, an automobile mechanic, sustained a compensable right hip and cervical (resolved) injury on ____________. The claimant was seen by a number of doctors and was diagnosed with right hip bursitis. The claimant was treated for this condition until January 25, 2000. The claimant continued to work and received no further medical treatment for any hip or back condition until November 17, 2000, when left hip complaints were noted. The claimant was diagnosed with a left-sided disk herniation at L5-S1 on February 9, 2001. The medical evidence is in conflict whether the left-sided disk herniation and left hip pain were caused by the compensable ____________, injury. The hearing officer found not and that finding is supported by the evidence. We conclude that the hearing officer’s determinations are not 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, 176 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is UNIVERSAL UNDERWRITERS, A DIVISION OF ZURICH NORTH AMERICA and the name and address of its registered agent for service of process is

GARY SUDOL

ZURICH NORTH AMERICA

9330 LBJ FREEWAY, SUITE 1200

DALLAS, TEXAS 75243.

Thomas A. Knapp

CONCUR:

Robert W. Potts – Appeals Judge

Edward Vilano – Appeals Judge