Title: 

APD 022144

Significant Decision

Date: 

September 24, 2002

Issues: 

Extent of Injury

Table of Contents

APD 022144

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 July 31, 2002. The stated issue before the hearing officer was whether the ________ compensable injury extended to and included “memory loss, blurred vision, an injury to the thoracic spine, MRI findings of the lumbar spine dated September 25, 2001 (1. [s]mall central disc protrusion at L5-S1 in contact with but not displacing the left S1 nerve root[;] 2. [d]egenerative disc disease as described), and MRI findings of the cervical spine dated March 19, 2002 ([m]ild degenerative cervical spondylosis[,] [r]ight posterior disc protrusion at C5-6 level with possible impingement of the right C5 nerve root. Request correlation of findings)?” The hearing officer determined that the compensable injury of appellant (claimant) did not extend to include the above conditions. Claimant appealed this determination on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determination and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determination is supported by the record and is not 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).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION for Reliance National Indemnity Company, an impaired carrier and the name and address of its registered agent for service of process is

MARVIN KELLY, EXECUTIVE DIRECTOR

9120 BURNET ROAD

AUSTIN, TEXAS 78758.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Margaret L. Turner – Appeals Judge