Title: 

APD 021883

Significant Decision

Date: 

September 10, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021883

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 25, 2002. The hearing officer determined that the respondent’s (claimant) compensable injury of ________ but not his compensable injury of ________ extends to and includes his fecal and urinary incontinence. The appellant (carrier) appealed on sufficiency of the evidence grounds. The claimant filed a response urging affirmance.

DECISION

Affirmed.

Extent of injury is a factual determination for the hearing officer to resolve. There was conflicting medical evidence presented to the hearing officer. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence, as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). The hearing officer determined that the claimant’s fecal and urinary incontinence are a direct and natural result of his compensable injury of ________ and that there was no causal connection between the claimant’s compensable injury of ________ and his fecal or urinary incontinence. The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they 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, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We have reviewed the matter complained of on appeal and conclude that the hearing officer’s decision is supported by sufficient evidence.

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is AMERICAN MOTORISTS INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Veronica Lopez – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Robert W. Potts – Appeals Judge