Title: 

APD 021124

Significant Decision

Date: 

June 11, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021124

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 20, 2002. At the start of the hearing, the parties agreed that the compensable injury includes and/or extends to include sacroiliitis and trochanteric bursitis. With regard to the sole remaining issue before her, the hearing officer determined that the appellant’s (claimant) compensable injury of______________, does not include a disc bulge at L5-S1. The claimant appeals on sufficiency of the evidence grounds. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

The question of extent of injury is a question of fact for the hearing officer to resolve. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. Conflicting evidence was presented regarding the extent of the compensable injury. As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established from the evidence presented. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer’s decision that the compensable injury does not include a disc bulge at L5-S1 is supported by sufficient evidence and 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, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is TRAVELERS CASUALTY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is

C T CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Michael B. McShane – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Robert E. Lang

Appeals Panel

Manager/Judge