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 May 7, 2002. The hearing officer determined that the appellant (claimant) did sustain a compensable injury on or about ________________; that the compensable injury does not extend to and include the right lower lobe pneumonia and right pleural abscess; that the respondent (carrier) did not contest compensability of the injury in accordance with Section 409.021 and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 124.2(f) (Rule 124.2(f)) but that it did not waive its right to contest the extent of the injury because the extent of an injury is not subject to the waiver provision; that the employer did not tender a bona fide offer of employment to the claimant; and that the claimant had disability resulting from the compensable injury from _________to October 30, 2001. The claimant appealed, arguing that the hearing officer erred in determining extent of injury and disability. The carrier responded, urging affirmance. The hearing officer’s compensable injury, dispute of compensability, and bona fide offer of employment determinations were not appealed by either party and have become final pursuant to Section 410.169.
DECISION
Affirmed.
Extent of injury and disability are questions of fact for the hearing officer to decide. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. Section 410.165(a) provides that the hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. When reviewing a hearing officer’s decision for factual sufficiency of the evidence we will reverse the decision only if it is so contrary to 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); Pool v. Ford Motor Co., 715 S.W.2d 629, 635 (Tex. 1986). Applying this standard, we find no grounds to reverse the hearing officer’s extent-of-injury or disability determinations.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is UTICA NATIONAL INSURANCE GROUP and the name and address of its registered agent for service of process is
RICHARD MAYER
11910 GREENVILLE AVENUE
SUITE 600
DALLAS, TEXAS 75243.
Elaine M. Chaney
CONCUR:
Thomas A. Knapp – Appeals Judge
Michael B. McShane – Appeals Judge