Title: 

APD 020935

Significant Decision

Date: 

May 30, 2002

Issues: 

Extent of Injury

Table of Contents

APD 020935

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 March 21, 2002. The hearing officer determined that the compensable injury sustained by the respondent (claimant) on ____________, extends to and includes the low back. The appellant (carrier) contends that this determination is against the great weight of the credible evidence. The appeal file contains no response from the claimant.

DECISION

Affirmed.

Extent of injury is a factual question for the hearing officer to resolve. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence, as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are 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); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We have reviewed the matters complained of on appeal and conclude that the hearing officer’s decision is supported by sufficient evidence.

We affirm the decision and order of the hearing officer.

The true corporate name of the carrier is AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Michael B. McShane

CONCUR:

Susan M. Kelley – Appeals Judge

Robert W. Potts – Appeals Judge