Title: 

APD 021841

Significant Decision

Date: 

August 22, 2002

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 021841

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 24, 2002. The hearing officer determined that (1) the compensable injury of _____________, does not extend to include disc desiccation, facet hypertrophy, bone spur formation, disc degeneration, disc protrusion at L3-4, L4-5, and/or spinal stenosis; and (2) the appellant (claimant) did not have disability resulting from the compensable injury sustained on _____________. Claimant appeals these determinations on sufficiency grounds. The respondent (carrier) urges affirmance.

DECISION

We affirm.

The hearing officer did not err in reaching the complained-of determinations. The determinations involved questions of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s determinations are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

We affirm the hearing officer’s decision and order.

The true corporate name of the carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Daniel R. Barry – Appeals Judge

Thomas A. Knapp – Appeals Judge