Title: 

APD 022152

Significant Decision

Date: 

September 30, 2002

Issues: 

Extent of Injury

Table of Contents

APD 022152

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 hearing officer determined the respondent’s (claimant) ______________, compensable injury extends to and includes teeth 9, 12-14, and 20-26, in addition to teeth 10 and 11. The appellant (carrier) appeals on sufficiency of the evidence grounds. The case file does not contain a response from the claimant.

DECISION

Affirmed.

The sole issue at the hearing was extent of injury. The hearing officer did not err in reaching the complained-of determination. The issue 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 determination on extent of injury is 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 decision and order of the hearing officer.

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

GARY SUDOL

12222 MERIT DRIVE, SUITE 700

DALLAS, TEXAS 75251.

Michael B. McShane – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Margaret L. Turner – Appeals Judge