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 30, 2002. With respect to the single issue before him, the hearing officer determined that the respondent’s (claimant) compensable injury of ______________, includes an injury to his rib cage, neck, and lumbar spine. In its appeal, the appellant (carrier) argues that the hearing officer’s extent-of-injury determination is against the great weight of the evidence. The appeal file does not contain a response to the carrier’s appeal from the claimant.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s compensable injury of ______________, includes an injury to his rib cage, neck, and a lumbar strain/sprain. That issue presented a question of fact for the hearing officer. Section 410.165(a) provides that the hearing officer is the sole judge of the weight and credibility of the evidence. There was conflicting evidence on the issue before the hearing officer. The claimant’s testimony and the records from the clinic where the claimant sought treatment support the hearing officer’s determination on the extent-of-injury issue. The hearing officer was acting within his province as the fact finder in crediting that evidence over evidence to the contrary. Nothing in our review of the record demonstrates that the challenged determination is so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb that determination on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is INDEMNITY INSURANCE COMPANY OF NORTH AMERICA and the name and address of its registered agent for service of process is
ROBIN M. MOUNTAIN
6600 CAMPUS CIRCLE DRIVE EAST, SUITE 300
IRVING, TEXAS 75063.
Elaine M. Chaney – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Philip F. O’Neill – Appeals Judge