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 that the compensable injury sustained by the appellant (claimant) on _______________, does not include an injury to the thoracic spine and that the claimant had disability from June 13, 2001, through April 17, 2002. The claimant appeals the extent-of-injury determination. The respondent (carrier) responded and urges affirmance.
DECISION
We affirm.
In deciding whether the hearing officer’s decision is sufficiently supported by the evidence, we will only consider the evidence admitted at the hearing. We will not generally consider evidence that was not submitted into the record and raised for the first time on appeal. Texas Workers’ Compensation Commission Appeal No. 92255, decided July 27, 1992. To determine whether evidence offered for the first time on appeal requires that case be remanded for further consideration, we consider whether it came to the appellant’s knowledge after the hearing, whether it is cumulative, whether it was through lack of diligence that it was not offered at the hearing, and whether it is so material that it would probably produce a different result. Texas Workers’ Compensation Commission Appeal No. 93111, decided March 29, 1993; Black v. Wills, 758 S.W.2d 809 (Tex. App.-Dallas 1988, no writ). We do not find that to be the case with the MRI report of the claimant’s lumbar spine, which she attached to her request for review and, consequently, we will not consider it on appeal.
We have reviewed the complained-of determination and conclude that the extent-of-injury 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 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.
The true corporate name of the insurance carrier is THE NORTH RIVER INSURANCE COMPANY OF NEW JERSEY and the name and address of its registered agent for service of process is
PAUL DAVID EDGE
6404 INTERNATIONAL PARKWAY, SUITE 1000
PLANO, TEXAS 75093.
Judy L. S. Barnes
CONCUR:
Robert W. Potts – Appeals Judge
Margaret L. Turner – Appeals Judge