Title: 

APD 021747

Significant Decision

Date: 

August 26, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021747

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 June 13, 2002. The hearing officer determined that the compensable injury of ____________, does not extend to and include the spondylolysis condition. The appellant (claimant) appeals that determination and the respondent (carrier) responds to the appeal, urging affirmance.

DECISION

Affirmed.

The issue before the hearing officer regarded the extent of the compensable injury. 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. 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 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).

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 75234-7625.

Roy L. Warren – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Robert E. Lang

Appeals Panel

Manager/Judge