Title: 

APD 021592

Significant Decision

Date: 

August 9, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021592

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 21, 2002. The hearing officer determined that the respondent’s (claimant herein) compensable injury extends to include depression, anxiety, and post-traumatic psychotic disorder. The appellant (carrier herein) files a request for review arguing that the Appeals Panel should reverse the decision of the hearing officer and the claimant responds that the Appeals Panel should affirm.

DECISION

Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.

Regarding the extent-of-injury issue, the hearing officer did not err in determining that the claimant’s compensable injury included her depression, anxiety, and post-traumatic psychotic disorder. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). 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. We have held that the question of the extent of injury is a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. The hearing officer’s decision 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). Further, in his findings of fact the hearing officer clearly lays out his rationale as to how he is finding that the claimant’s compensable injury caused her depression, anxiety and post-traumatic psychotic disorder.

The decision and order of the hearing officer are affirmed.

The true corporate name of the insurance carrier is STATE OFFICE OF RISK MANAGEMENT and the name and address of its registered agent for service of process is:

For service in person the address is:

RON JOSSELET, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

300 W. 15TH STREET

WILLIAM P. CLEMENTS, JR. STATE OFFICE BUILDING, 6TH FLOOR

AUSTIN, TEXAS 78701.

For service by mail the address is:

RON JOSSELET, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

P.O. BOX 13777

AUSTIN, TEXAS 78711-3777.

Gary L. Kilgore

Appeals Panel

CONCUR:

Elaine M. Chaney

Appeals Panel

Robert W. Potts

Appeals Panel