Title: 

APD 020993

Significant Decision

Date: 

June 11, 2002

Issues: 

Spinal Surgery Issue Code

Table of Contents

APD 020993

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 April 9, 2002. The hearing officer resolved the disputed issue by approving the respondent’s (claimant) request for spinal surgery. The appellant (carrier) appealed. No response was received from the claimant.

DECISION

The hearing officer’s decision is affirmed.

Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 133.206 (Rule 133.206) applies to this case. The hearing officer, as the finder of fact, resolves the conflicts and inconsistencies in the evidence and determine 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 LUMBERMENS UNDERWRITING ALLIANCE and the name and address of its registered agent for service of process is

DANIEL J. O’BRIEN

12200 FORD ROAD, SUITE 344

DALLAS, TEXAS 75234.

Robert W. Potts – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Gary L. Kilgore – Appeals Judge