Title: 

APD 022267

Significant Decision

Date: 

October 23, 2002

Issues: 

Extent of Injury

Table of Contents

APD 022267

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on August 8, 2002. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of _______________, includes the cervical area, occipital neuritis, shoulders, arms, wrists, buttocks, radiculopathy, abnormal urinary frequency, cauda equina involvement, and headaches. The appellant (carrier) appealed, contending that there is no evidence of injury to the disputed areas. The claimant responded.

DECISION

The hearing officer’s decision is affirmed.

It is undisputed that the claimant sustained a compensable injury. The claimant had the burden of proof with regard to the issue of the extent of the injury. Conflicting evidence was presented at the CCH on the disputed issue. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. The hearing officer’s decision is supported by the claimant’s testimony and by the reports of the treating doctor. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. 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 INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is

ROBERT PARNELL

8144 WALNUT HILL LANE, SUITE 1600

DALLAS, TEXAS 75231.

Robert W. Potts – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Margaret L. Turner – Appeals Judge